Page:The History of Slavery and the Slave Trade.djvu/401

 complaint against any slave for any crime, from "chicken stealing" up to "insurrection" and "murder," was to issue his warrant for the slave's arrest, and, if the accusation seemed to be well founded, was to associate with himself another justice, they two to summon in three freeholders. The five together, or, by an additional act, the majority of them, satisfactory evidence. of guilt appearing, were to sentence the culprit to death, or such lesser punishment as the offense might seem to deserve. In case of lesser punishment, "no particular law directing such punishment" was necessary. In case of death, "the kind of death" was left to "the judgment and discretion" of the court, execution to be forthwith done on their sole warrant, the owner to be indemnified at the public charge. This summary form of procedure in the trial of slaves remains in force in South Carolina to this day, and a very similar form was also adopted, and still prevails, in North Carolina.

He who enticed a slave, "by specious pretense of promising freedom in another country," or otherwise, to leave the province, if successful, or if caught in the act, was to suffer death; and the same extreme penalty was to be inflicted on slaves "running away with intent to get out of the province." Any slave running away for twenty days at once, for the first offense was to be "severely and publicly whipped." In case the master neglected to inflict this punishment, any justice might order it to be inflicted by the constable, at the master's expense. For the second offense the runaway was to be branded with the letter R on the right cheek. If the master omitted it, he was to forfeit £10, and any justice of the peace might order the branding done. For the third offense, the runaway, if absent thirty days, was to be whipped, and have one of his ears cut off; the master neglecting to do it to forfeit £20; any justice, on complaint, to order it done as before. For the fourth offense, the runaway, "if a man, was to be gelt," to be paid for by the province if he died under the operation; if a woman, she was to be severely whipped, branded on the left cheek with the letter R, and her left ear cut off. Any master neglecting for twenty days to inflict these atrocious cruelties, was to forfeit his property in the slave to any informer who might complain of him within six months. Any captain or commander of a company, "on notice of the haunt, residence, and hiding-place of any runaway slaves," was "to pursue, apprehend, and take them, either alive or dead," being in either case entitled to a premium of from two to four pounds for each slave. All persons wounded or disabled on such expeditions were to be compensated by the public. If any slave under punishment "shall suffer in life or member, which," says the act, "seldom happens, no person whatsoever shall be liable to any penalty therefor." Any person killing his slave out of "wantonness," "bloody-mindedness," or "cruel intention," was to forfeit "fifty pounds current money," or, if the slave belonged to another person, twenty-five pounds to the public, and the slave's value to the owner. No master was to allow his slaves to hire their own time, or, by a supplementary act two years after, "to plant for themselves any corn, peas, cr rice, or to keep any stock of hogs, cattle, or horses."

"Since charity and the Christian religion which we profess," says the con-