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U.S. Labor and Work Before the End of Reconstruction

The British colonization of Virginia, Maryland, the Carolinas, and Georgia in the 1600s was marked by an extensive demand for agricultural labor. As the assigned class readings show, planters shifted from using indentured servants for much of the 1600s to African slaves by the late 1600s and early 1700s. What factors contributed to the development of indentured servitude and slavery as labor systems? Why did the transition from indentured servitude to slavery occur? 

Write a 4 to 5 page, double-spaced paper in 12-point font that addresses the questions posed above. Be sure to base your claims on the assigned readings, documents, and other materials covered in class.  These include chapters 1 and 2 of the textbook and the “Evolution of slavery documents” and “South Carolina slave codes excerpts” in the Week 3 folder in resources section on Sakai.

Your paper should follow standard grammar, punctuation, and citation methods (APA, MLA, or Chicago).

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U.S. Labor and Work Before the End of Reconstruction

37:575:201:04

Paper Assignment 1

Prof. Brucher

The British colonization of Virginia, Maryland, the Carolinas, and Georgia in the 1600s was marked by an extensive demand for agricultural labor. As the assigned class readings show, planters shifted from using indentured servants for much of the 1600s to African slaves by the late 1600s and early 1700s. What factors contributed to the development of indentured servitude and slavery as labor systems? Why did the transition from indentured servitude to slavery occur?

Write a 4 to 5 page, double-spaced paper in 12-point font that addresses the questions posed above. Be sure to base your claims on the assigned readings, documents, and other materials covered in class. These include chapters 1 and 2 of the textbook and the “Evolution of slavery documents” and “South Carolina slave codes excerpts” in the Week 3 folder in resources section on Sakai.

Your paper should follow standard grammar, punctuation, and citation methods (APA, MLA, or Chicago). Citation guides are in the resources folder on Sakai.

The first draft of the paper is due at the start of class on Week 3, January 30. You must turn in your paper electronically as a Microsoft Word x or file in the assignments section on Sakai. You must also bring a copy of your paper for the peer workshop scheduled for class that day. Prof. Brucher or your writing assistant will also read and comment on your draft and meet with at an appointed time during Week 5.

The final draft must be turned in on Sakai by the start of class on Week 6, February 20.

Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating

to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

NO. 670

AN ACT FOR THE BETTER ORDERING AND GOVERNING 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, mulattoes and mustizoes,
have been deemed absolute slaves, and the subjects of property in the hands of the
particular persons, the extend 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,

I. 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 degrees, 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 by 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 of 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

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating

to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

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 to 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.

II. And be it further enacted by the authority aforesaid, That in every action or
suit to be brought by any such guardian as aforesaid, appointed pursuant to the direction
of this Act, the defendant shall recognizance, with one or more sufficient sureties, to the
plaintiff, in such a sum as the said court of common please shall direct, with condition
that the sum as the said court of common pleas shall direct, with condition that he shall
produce the ward of the plaintiff at all times when required by the said court, and that
whilst such action or suit shall be depending and undetermined, the ward of the plaintiff
shall not be eloined, abused or misused.

III. And for the better keeping slaves in due order and subjection, Be it further
enacted by the authority aforesaid, 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 slave
belongs, or in which plantation such slave is usually employed, without a letter
superscribed and directed, or a ticket in the words following:
Permit this slave to be absent from Charlestown, (or any other town, or if he lives
in the country, from Mr. ________ plantation, _______ parish,) for ________ days or
hours; dated the _______ day of _______.
Or, to that purpose or effect; which ticket shall be signed by the master or other
person having the care or charge of such slave, or by some other [person] by his or their
order, directions and consent; and every slave who shall be found out of Charlestown, or
any other town (if such slave lives or is usually employed there,) or out of the plantation
to which such slave belongs, or in which [such] slave is usually employed, or if such
slave lives in the country, without such letter or ticket as aforesaid, or without a white
person in his company, shall be punished with whipping on the bare back, not exceeding
twenty lashes.

IV. And be it further enacted by the authority aforesaid, That if any person shall
presume to give a ticket or license to any slave who is the property or under the care of
charge of another, without the consent or against the will of the owner or other person
having charge of such slave, shall forfeit to the owner the sum of twenty pounds, current
money.

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

V. And it shall be further enacted by the authority aforesaid, That if any slave
who shall be out of the house or plantation where such slave shall live, or shall be usually
employed, or without some whiter person in company with such slave, shall refuse to
submit or undergo the examination of any white person, it shall be lawful for any such
white person to pursue, apprehend, and moderately correct such slave; and if any such
slave shall assault and stricke such white person, such slave may be lawfully killed.

VI. Provided always, and be it further enacted by the authority aforesaid, That if
any Negro or other slave, who shall be employed in the lawful business or service of his
master, owner, overseer, or other person having charge of such slave, shall be beaten,
bruised, maimed or disabled by any person or persons not having sufficient cause or
lawful authority for so doing, (of which cause the justices of the peace, respectively, may
judge,) every person and persons so offending, shall, for every such offence, forfeit and
pay the sum of forty shillings, current money, over and besides the damages hereinafter
mentioned, to the use of the poor of that parish in which such offence shall be committed:
And if such slave or slaves shall be maimed or disabled by such beating, from performing
his or her work, such person and persons so offending, shall also forfeit and pay to the
owner or owners of such slaves, the sum of fifteen shillings, current money, per diem, for
every day of his lost time, and also the charge of the cure of such slave; and if the said
damages, in whole, shall not exceed the sum of twenty pounds, current money, the same
shall , upon lawful proof thereof made, be recoverable before any one of his Majesty’s
justices of the peace, in the save way and manner as debts are recoverable by the Act for
the trial of small and mean causes; and such justices before whom the same shall be
recovered, shall have power to commit the offender or offenders to goal, if he, se or they
shall produce no goods of which the said penalty and damages may be levied, there to
remain without bail, until such penalty and damages shall be paid; any law statute, usage
or custom, to the contrary notwithstanding.

VII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for every justice assigned to keep the peace in this Province, within his respective
county and jurisdiction, upon his own knowledge or view, or upon information received
upon oath, eithe4r to go in person, or by warrant or warrants directed to any constable or
other proper person, to command to their assistance any number of persons as they shall
see convenient, to disperse any assembly or meeting of slaves which may disturb the
peace or endanger the safety of his Majesty’s subjects, and to search all suspected places
for arms, ammunition or stolen goods, and to apprehend and secure all such slaves as
they shall suspect to be guilty of any crimes or offences whatsoever, and to bring them to
speedy trial, according to the directions of this Act; and in case any constable or other
person shall refuse to obey or execute any of the warrants of precepts of such justices, or
any of them, within their several limits and precincts, or shall refuse to assist the said
justices or constables, of any of them, when commanded or required, such person or
persons shall forfeit and pay the sum of five pounds, current money, to be recovered by a
warrant under the hand and seal of any other justice of the peace, in the same way and
manner as is directed by the Act of the trial of small and mean causes.

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

by the prosecutors; for whipping or other corporal punishments not extending to life, the
sum of twenty shillings; and for any punishment extending to life, the sum of five pounds
current money; and such other charges for keeping and maintaining such slaves, as are
allowed to the warden of the work house in Charlestown, for keeping and maintaining
such slaves, committed to his custody; for the levying of which charges against the
prosecutor, the justice or justices are hereby empowered to issue their warrant. And that
no delay may happen in causing execution to be done upon such offending slave or
slaves, the constable who shall be directed to cause execution to be done, shall be, and is
hereby, empowered to press one or more slave or slaves, in or near the place where such
whipping or corporal punishment shall be inflicted, to whip or inflict such other corporal
punishment upon the offender or offenders; and such slave or slave so pressed, shall be
obedient to and observe the orders and direction of the constable in and about the
premises, upon pain of being punished by the said constable, by whipping on the bare
back, not exceeding twenty lashes, which punishment the said constable is hereby
authorized and empowered to inflict; and the constable shall, if he presses a Negro, pay
the said Negro five shillings out of his fee for doing the said execution.

XXII. And be it further enacted by the authority aforesaid, That if any person in
this Province shall, on the Lord’s day, commonly called Sunday, employ any slave in any
work or labour, (works of absolute necessity and the necessary occasions of the family
one excepted,) every person in such case offending, shall forfeit the sum of five pounds,
current money, for every slave they shall so work or labour.

XXIII. And be it further enacted by the authority aforesaid, That it shall not be

lawful for any slave, unless in the presence of some white person, to carry or make sue of
fire arms, or any offensive weapons whatsoever, unless such Negro or slave shall have a
ticket or license, in writing, from his master, mistress or overseer, to hunt and kill game,
cattle, or mischievous birds, or beasts of prey, and that such license be renewed once
every month, or unless there be some whit person of the ago of sixteen years or upwards,
in the company of such slave, when he is hunting or shooting or that such slave be
actually carrying his master’s arms to or from his master’s plantation, by a special ticket
for that purpose, or unless such slave be found in the day time actually keeping off rice
birds, or other birds, within the plantation to which such slave belongs, lodging the same
gun at night within the dwelling house of his master, mistress or white overseer; and
provided also, that no Negro or other slave shall have liberty to carry any gun, cutlass,
pistol or other weapon, abroad from home, at any time between Saturday evening after
sun-set, and Monday morning before sun-rise, notwithstanding a license or ticket for so
doing. And in case any person shall find any slave using or carrying fire arms, or other
offensive weapons, contrary to the true intention of this Act, every such person may
lawfully seize and take away such fire arms or offensive weapons. But before the
property of such goods shall be vested in the person who shall seize the same, such
person shall, within forty-eight hours next after such seizure, go before the next justice of
the peace, and shall make oath of the manner of the taking; and if such justice of the
peace, after such oath shall be made, or if, upon any other examination, he shall be
satisfied that the said fire arms or other offensive weapons shall have been seized
according to the direction and agreeable to the true intent and meaning of this Act, the

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

said justice shall, by certificate under his hand and seal, declare them forfeited, and that
the property is lawfully vested in the person who seized the same: Provided always, that
no such certificate shall be granted by any justice of the peace, until the owner or owners
of such fire arms of other offensive weapons so to be seized as aforesaid, or the overseer
or overseers who shall or may have the charge of such slave or slaves from whom such
fire arms or other offensive weapons shall be taken or seized, shall be duly summoned, to
show cause, if any such they have, why the same should not be condemned as forfeited,
or until forty-eight hours after the service of such summons, and oath made of the service
of such summons before the said justice.

XXIV. And be it further enacted by the authority aforesaid, That if any slave

shall presume to strike any white person, such slave, upon trial and conviction before the
justice or justices and freeholders, aforesaid, according to the directions of this Act, shall,
for the first and second offence, suffer such punishment as the said justice and
freeholders, or such of them as are empowered to try such offence, shall in their
discretion, think fit, not extending to life or limb; and for the third offence, shall suffer
death. But in case any such slave shall grievously wound, maim or bruise any white
person, though it by only the first offence, such slave shall suffer death. Provided
always, that such striking, wounding, maiming or bruising, not be done by the command,
and in the defense of, the person or property of the owner or other person having the care
and government of such slave, in which case the slave shall be wholly excused, and the
owner or other person having the care and government of such slave shall be answerable,
as far as by law he ought.

XXV. And be it further enacted by the authority aforesaid, That it shall and may

be lawful for every person in this Province, to take, apprehend and secure any runaway or
fugitive slave, and they are hereby directed and required to send such slave to the master
or other person having the care or government of such slave, if the person taking up or
securing such slave knows, or can, without difficulty, be informed, to whom such slave
shall belong; but if not known or discovered, then such slave shall be sent, carried or
delivered into the custody of the warden of the work-house in Charlestown; and the
master or other person who has the care or government of such slave, shall pay for the
taking up of such slave, whether by a free person or slave, the sum of twenty shillings,
current money; and the warden of the work-house, upon receipt of every fugitive or
runaway slave, is hereby directed and required to keep such slave in safe custody until
such slave shall be lawfully discharged, and shall, as soon as conveniently it may be,
publish, in the weekly gazette, such slave, with the best descriptions he shall be able to
give, first carefully viewing and examining such slave, naked to the waist, for any mark
or brand, which he shall also publish to the intent the owner or other person who shall
have the care and charge of such slave, may come to the knowledge that such slave is in
custody. And if such slave shall make escape through the negligence of the warden of
the work-house, and cannot be taken within three months, the said warden of the work-
house shall answer to the owner for the value of such slave, or the damage which the
owner shall sustain by reason of such escape, as the cause shall happen.

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

sized and forfeited, and shall be sued for and recovered before any one justice assigned to
keep the peace in Charlestown, and shall be applied and disposed of, one half to him or
them who shall seize, inform and sue for the same, and the other half to the
commissioners of the poor of the parish of St. Philips, Charlestown; and moreover, that
the said justice shall order every slave who shall be convicted of such offence, to be
publicly whipped on the bare back, not exceeding twenty lashes; provided always that it
shall and may be lawful for any slave who lives or is usually employed in Charlestown,
after such license and ticket as hereinafter is directed shall be obtained, to buy or sell
fruit, fish and garden stuff, and to be employed as porters, carters or fishermen, and to
purchase anything for the use of their masters, owners or other person who shall have the
charge and government of such slave, in open market, under such regulations as are or
shall be appointed by law concerning the market of Charlestown, or in any open shop
kept by a white person.

XXI. And be it further enacted by the authority aforesaid, That no slave or slaves

whatsoever, belonging to Charlestown, shall be permitted to buy any thing to sell again,
or to sell any thing upon their own account, in Charlestown; and it shall and may be
lawful for any person or persons whosoever to seize and take away all and all manner of
goods, wares or merchanize, that shall be found in the possession of any such slave or
slaves in Charlestown, which they have bought to sell again, or which they shall offer to
sale upon their own accounts, in Charlestown, one half of which shall be to the use of the
poor of the said parish, and the other to the informer, and shall be adjudged and
condemned by any justice of the peace in the said parish.

XXII. And be it further enacted by the authority aforesaid, That if any keeper of a

tavern or punch house, or retailer of strong liquors, shall give, sell utter or deliver to any
slave, any beer, ale, cider, wine, run, brandy, or other spirituous liquors, or strong liquor
whatsoever, without the license or consent of the owner, or such other person who shall
have the care or government of such slave, ever person so offending shall forfeit the sum
of five pounds, current money, for the first offence, and for the second offence, ten
pounds; and shall be bound in recognizance in the sum of one hundred pounds, current
money, with one or more sufficient sureties, before any of the justices of the court of
general sessions, not to offend in the like kind, and to be of good behaviour, for one year;
and for want of such sufficient sureties, to be committed to prison without bail or
mainprize, for any term not exceeding three months.

XXXIII. And whereas, several owners of slaves do suffer their slaves to go and

work where they please, upon conditions of paying to their owners certain sums of
money agreed upon between the owner and the slave; which practice has occasioned such
slaves to pilfer and steal, to raise money for their owners, as well as to maintain
themselves in drunkenness and evil courses; for prevention for which practices for the
future, Be it enacted by the authority aforesaid, That no owner, master or mistress of any
slave, after the passing of this Act, shall permit or suffer any of his, her or their slaves to
go and work out of their respective houses of families, without a ticket in writing, under
pain of forfeiting the sum of ten pounds, current money, for every such offence, to be
paid the one half to the church-wardens of the parish, for the use of the poor of the parish

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

in which the offence is committed, and the other half to him or them that will inform and
sue for the same, to be recovered in the same way as debts are by the Act for the trail of
small and mean causes. And every person employing any slave without a ticket from the
owner of such slave, shall forfeit to the informer five pounds, current money, for each
day he so employees such slave, over and above the wages agreed to be paid such slave
for his work; provided that the said penalty of five pounds per diem, shall not extend to
any person whose property in such slave is disputable; and provided, that nothing herein
contained shall hinder any person or persons from hiring out by the year, week, or day, or
any other time, any Negroes or slaves, to be under the care and direction of his or their
owner, master or employer, and that the master is to receive the whole of the earnings of
such slave or slaves, and that the employer have a certificate or note, in writing, of the
time or terms of such slave’s employment, from the owner, attorney or overseer of every
such slave, severally and respectively.

XXXIV. And whereas, several owners of slaves have permitted them to keep

canoes, and to breed and raise horses, neat cattle and hogs, and to traffic and barter in
several parts of this Province, for the particular and peculiar benefit of such slaves, by
which means they have not only and opportunity of receiving and concealing stolen
goods, but to plot and confederate together, and form conspiracies dangerous to the peace
and safety of the whole Province; Be it therefore enacted by the authority aforesaid, That
it shall not be lawful for any slave so to buy, sell, trade, traffic, deal, or barter for any
goods or commodities, (except as before excepted,) nor shall any slave be permitted to
keep any boat, perriauger or canoe, or to raise and breed, for the use and benefit of such
slave, any horses, mares, neat cattle, sheep or hogs, under pain of forfeiting all the goods
and commodities which shall be so bought, sold traded, trafficked, dealt or bartered for,
by any slave, and of all the boats, perriaugers, or canoes, cattle, sheep or hogs, which any
slave shall keep, raise or breed for the peculiar use, benefit and profit of such slave; and it
shall and may be lawful for any person of persons whatsoever, to seize and take away
from any slave, all such goods, commodities, boats perriaugers, canoes, horses, mares,
neat cattle, sheep or hogs, and to deliver the same into the hands of any one of his
Majesty’s justices of the peace, nearest to the place where the seizure shall be made; and
such justice shall take the oath of such person who shall make any such seizure,
concerning the manner of seizing and taking the same, and if the said justice shall be
satisfied that such seizure hath been made according to the directions of this Act, he shall
pronounce and declare the goods so seized, to be forfeited, and shall order the same to be
sold at public outcry; and the monies arising by such sale shall be disposed of and applied
as is hereinafter directed; provided, that if any goods shall be seized which come to the
possession of any slave by theft, finding or otherwise, without the knowledge, privity,
consent or connivance of the person who have a right to the property or lawful custody of
any such goods, all such goods shall be restored, on such person’s making an oath before
any justice as aforesaid, who is hereby impowered to administer such oath, to the effect
or in the following words:

“I, A B, do sincerely swear, that I have a just and lawful right or title to certain
goods seized and taken by C D, out of the possession of a slave named –; and I do
sincerely swear and declare, that I did not, directly or indirectly, permit or suffer the said
slave, or any other slave whatsoever, to use, keep or employ the said goods for the use,

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

committed on slaves, because no white person may be present to give evidence to the
same, unless some method be provided for the better discovery of such offences; and as
slaves are under the government, so they ought to be under the protection, of masters and
managers of plantations; Be it therefore further enacted by the authority aforesaid, That if
any slave shall suffer in live, limb or member, or shall be maimed, beaten or abused,
contrary to the directions and true intent and meaning of this Act, when no white person
shall be present, or being present, shall neglect or refuse to give evidence, or be examined
upon oath, concerning the same, in every such case, the owner or other person who shall
have the care and government of such slave, and in whose possession or power such slave
shall be, shall be deemed, taken, reputed and adjudged to be guilty or such offence, and
shall be proceeded against accordingly, without further proof, unless such owner or other
person as aforesaid, can make the contrary appear by good and sufficient evidence, or
shall be his own oath, clear and exculpate himself; which oath, every court where such
offence shall be tried, is hereby empowered to administer, and to acquit the offender
accordingly, if clear proof of the offence be now made by two witnesses at least; any law,
usage or custom to the contrary notwithstanding.

XL. And whereas, many of the slaves in this Province wear clothes much above

the condition of slaves, for the procuring whereof they use sinister and evil methods: For
the prevention, therefore, of such practices for the future, Be it enacted by the authority
aforesaid, That no owner or proprietor of any Negro slave, or other slave, (except livery
men and boys,) shall permit or suffer such Negro or other slave, to have or wear any sort
of apparel whatsoever, finer, other, or greater value than Negro cloth, duffels, kerseys,
osnabrigs, blue linen, check linen or coarse garlix, or calicoes, checked cottons, or Scotch
plaids, under the pain of forfeiting all and every such apparel and garment, that any
person shall permit or suffer his Negro or other slave to have or wear, finer, other or of
greater value than Negro cloth, duffels, coarse kerseys, osnabrigs, blue linen, check linen
or coarse garlix or calicoes, checked cottons or Scotch plaids, as aforesaid; and all and
every constable and other persons are hereby authorized, empowered, and required, when
as often as they shall find any such Negro slave, or other slave, having or wearing any
sort of garment or apparel whatsoever, finer, other or of greater value than Negro cloth,
duffels, coarse kerseys, osnabrigs, blue linen, check linen, or coarse garlix, or calicoes,
checked cottons or Scottish plaids, as aforesaid, to seize and take away the same, to his or
their own use, benefit and behoof; any law, usage or custom to the contrary
notwithstanding. Provided always, that if any owner of any such slave or slaves, shall
think the garment or apparel of his said slave not liable to forfeiture, or to be taken away
by virtue of this Act, he may not apply to any neighboring justice of the peace, who is
hereby authorized and empowered to determine any difference or dispute that shall
happen thereupon, according to the true intent and meaning of this Act.

XLI. And whereas, an ill custom has prevailed in this Province, of firing guns in

the night time; for the prevention thereof for the future, Be it enacted by the authority
aforesaid, That if any person shall fire or shoot off any gun or pistol in the night time,
after dark and before day-light, without necessity, every such person shall forfeit the sum
of forty shillings, current money, for each gun so fired as aforesaid, to be recovered by
warrant from any one justice of the peace for the county where the offence is committed,

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Citation:
Transcription from McCord, David J., ed. The Statutes at Large of South Carolina. Vol. 7, Containing the Acts Relating
to Charleston, Courts, Slaves, and Rivers. Columbia, SC: A.S. Johnston, 1840, p. 397.

according to the direction of the Act for the trial of small and mean causes, and shall be
paid to the church-wardens for the parish where the offence shall be committed, for the
use of the poor of the said parish.

XLII. And be it further enacted by the authority aforesaid, That no slave or slaves

shall be permitted to rent or hire any house, room, store or plantation, on his or her own
account, or to be used or occupied by any slave or slaves; and any person or persons who
shall let or hire and house, room, store or plantation, to any slave or slaves, or to any free
person, to be occupied by any slave or slave, every such person so offending shall forfeit
and pay to the informer the sum of twenty pounds, current money, to be recovered as in
the Act for the trial of small and mean causes.

XLIII. And whereas, it may be attended with ill consequences to permit a great

number of slaves to travel together in the high roads without some white person in
company with them; Be it therefore enacted by the authority aforesaid, That no men
slaves exceeding seen in number, shall hereafter be permitted to travel together in any
high road in this Province, without some white person with them; and it shall and may be
lawful for any person or persons, who shall see any men slaves exceeding seven in
number, without some white person with them as aforesaid, traveling or assembled
together in any high road, to apprehend all and every such slaves, and shall and may whip
them, not exceeding twenty lashes on the bare back.

XLIV. And whereas, many owners of slaves, and others who have the care,

management and overseeing of slaves, so confine them so closely to hard labor, that they
have not sufficient time for natural rest; Be it therefore enacted by the authority
aforesaid, That if any owner of slaves, or other person who shall have the care,
management or overseeing of any slaves, shall work or put to labor any such slave or
slaves, more than fifteen hours in for and twenty hours, from the twenty-fifth day of
March to the twenty-fifth day of September, or more than fourteen hours in for and
twenty hours, from the twenty-fifth day of September to the twenty-fifth day of March,
every such person shall forfeit any sum not exceeding twenty pounds, nor under five
pounds, current money, for every time he, she or they shall offend herein, at the
discretion of the justice before whom such complaint shall be made.

XLV. And whereas, the having of slaves taught to write, or suffering them to be

employed in writing, may be attended with great inconveniences; Be it therefore enacted
by the authority aforesaid, That all and every person and persons whatsoever, who shall
hereinafter teach or cause any slave or slaves to be taught, to write, or shall use or employ
any slave as a scribe in any manner of writing whatsoever, hereafter taught to write,
every such person and persons, shall, for every such offense, forfeit the sum of one
hundred pounds current money.

XLVI. And whereas, plantations settled with slaves without any white person

thereon, may be harbours for runaways and fugitive slaves; Be it therefore enacted by the
authority aforesaid, That no person or persons hereafter shall keep any slaves on any
plantation or settlement, without having a white person on such plantation or settlement,

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