Excerpts from the South Carolina Slave Code, 1740

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 mestizos, 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 rigor 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...That all Negroes and Indians, (free Indians in amity with this government, and degrees, mulattoes, and mestizos, who are now free, excepted,) mulattoes 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 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 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 mestizo, 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 lie on the defendant...


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...


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 strike such white person, such slave may be lawfully killed...


XVI. ...if any slave, free Negro, mulattoe, Indian or mustizoe, shall willfully and maliciously set fire to, burn or destroy any sack of rice, corn or other grain, of the product, growth or manufacture of this Province, or shall willfully and maliciously set fire to, burn or destroy any tar kiln, barrels of pitch, tar turpentine or rosin, or any other the goods or commodities of the growth, produce or manufacture of this Province, or shall feloniously steal, take or carry away any slave, being the property of another, with intent to carry such slave out of this Province, or shall willfully or maliciously poison or administer any poison to any person, free man, woman, servant or slave, every such slave, free Negro, mulattoe, Indian, (except as before excepted,) and mustizoe, shall suffer death as a felon.


XVII. And be it further enacted by the authority aforesaid, that any slave who shall be guilty of homicide of any sort, upon any whiter person, except by misadventure, or in defense of his master or other person under whose care and government such slave shall be, shall, upon conviction thereof as aforesaid, suffer death; and every slave who shall raise or attempt to raise an insurrection in this Province, shall endeavor to delude or entice any slave to run away and leave this Province, every such slave and slaves, and his and their accomplices, aiders and abettors, shall, upon conviction as aforesaid, suffer death...


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 labor, (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 labor.

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…


XXXVI. And for that as it is absolutely necessary to the safety of this Province, that all due care be taken to restrain the wanderings and meetings of Negroes and other slaves, at all times, and more especially on Saturday nights, Sundays, and other holidays, and their using and carrying wooden swords, and other mischievous and dangerous weapons, or using or keeping of drums, horns, or other loud instruments, which may call together or give sign or notice to one another of their wicked designs and purposes; and that all masters, overseers and others may be enjoined, diligently and carefully to prevent the same...

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