Ch. 1.1. Primary Source: The South Carolina Slave Code, 1740

This codification of statutory law concerning slaves was the most comprehensive of the colonial period. It was enacted a year after the 1739 Stono Rebellion, the largest of the colonial period, in which about 20 whites and at least 100 slaves died. At this time in South Carolina slaves outnumbered whites two to one.

A Relatively Stable System. It is important to note that although some details of the southern system of slave law would change, overall this system remained largely the same through to the official end of American slavery in the Civil War in the 1860s. The basic substance of the South Carolina code characterized American slavery in general.

For the full text, see the website maintained by Teaching American History in South Carolina, at 1740 Slave Code, which uses the law’s original title:

An act for the Better Ordering and Governing of Negroes and other Slaves in this Province

[1a] [Those Who are Slaves] 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 forever hereafter 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.

[1b] [Freed People of Color] 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 empowered 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, 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, mulato, or mestizo… Provided that in any action or suit to be brought in pursuance of the direction of this act the burden 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.            …

[3] [Permission to Travel] 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 slave belongs, or in which plantation such slave is usually employed, without a letter subscribed and directed, or a ticket in the words following:

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 _______.       …

[5] [Slaves Found Outside their Residence] 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 white person in company with such slave, shall refuse to submit or to 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 such slave shall assault and strike such white person, such slave may be lawfully killed. …

[9] [Slave Trials] And whereas natural justice forbids, that any person of what condition soever should be condemned unheard, and the order of civil government requires that for the due and equal administration of justice, some convenient method and form of trial should be established, be it therefore enacted: That all crimes and offences which shall be committed by slaves in this Province and for which capital punishment shall or lawfully may be inflicted, shall be heard, examined, tried, adjudged, and finally determined by any 2 justices assigned to keep the peace, and any number of freeholders not less than 3 or more than 5 in the county where the offence shall be committed and can be most conveniently assembled. Either of which justices, on complaint made or information received of any such offence committed by a slave, shall commit the offender to the safe custody of the constable of the parish where such offence shall be committed, and shall without delay by warrant under his hand and seal, call to his assistance, and request any one of the nearest justices of the peace to associate with him; and shall by the same warrant summon such a number of the neighboring freeholders as aforesaid, to assemble and meet together with the said justices, at a certain day and place not exceeding 3 days after the apprehending of such slave or slaves. And the justices and freeholders being so assembled, shall cause the slave accused or charged, to be brought before them, and shall hear the accusations which shall be brought against such slave, and his or her defense, and shall proceed to the examination of witnesses, and other evidence, and finally hear and determine the matter brought before them, in the most summary and expeditious manner. And in case the offender shall be convicted of any crime for which by law the offender ought to suffer death, the said justices shall give judgment, and award and cause execution of their sentence to be done, by inflicting such manner of death, and at such time as the said justices, by and with the consent of the freeholders shall direct, and which they shall judge will be most effectual to deter others from offending in the like manner.     …

[16] [Felonies] Be it therefore enacted, that the several crimes and offences hereinafter particularly enumerated, are hereby declared to be felony without the benefit of the clergy, that is to say: If any slave, free negro, mulatto, Indian, or mestizo shall willfully and maliciously burn or destroy any stack 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 resin, or any other of 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 and maliciously poison, or administer any poison to any person, free man, woman, servant or slave; every such slave, free negro, mulatto, Indian (except as before excepted) and mestizo, shall suffer death as a felon.

[17] [Homicide & Rebellion] Any slave who shall be guilty of homicide of any sort, upon any white 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, or 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. Provided always, That it shall and may be lawful to and for the justices who shall pronounce sentence against such slaves, and by and with the advice and consent of the freeholders as aforesaid, if several slaves shall receive sentence at one time, to mitigate and alter the sentence of any slave other than such as shall be convicted of the homicide of a white person, who they shall think may deserve mercy, and may inflict such corporal punishment (other than death) on any such slave, as they in their discretion shall think fit, anything herein contained to the contrary thereof in any wise notwithstanding. Provided, that one or more of the said slaves who shall be convicted of the crimes or offences aforesaid, where several are concerned, shall be executed for example, to deter others from offending in the like kind.       …

[33] [Travel or Work Outside the Slaves’ Residence] And whereas several owners of slaves do suffer their slaves to go and work where they please, upon condition of paying to their owners certain sums of money agreed upon between the owner and slave; which practice 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 of which practices for the future, be it enacted: 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 or families, without a ticket in writing under pain of forfeiting the sum of current money, for every such offence.

[36] [Slave Meetings] 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 the using and carrying wooden swords, and other mischievous and dangerous weapons, or using and 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, be it enacted: That it shall be lawful for all masters, overseers and other persons whomsoever, to apprehend and take up any negro or other slave that shall be found out of the plantation of his or their master or owner, at any time, especially on Saturday nights, Sundays or other holidays, not being on lawful business, and with a letter from their master or a ticket, or not having a white person with them, and the said negro or other slave or slaves correct by a moderate whipping.

[37] [Cruelty] 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 toward slaves, be it enacted: That if any person or persons whosoever, shall willfully murder his own slave, or the slave of another person, every such person shall upon conviction thereof, forfeit and pay the sum of £700 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 if any person shall on a sudden heat of passion, or by undue correction, kill his own slave or the slave of any person, he shall forfeit the sum of £350 current money, And in case any person or persons shall willfully 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 horsewhip, 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 £100 current money.

[38] [Neglect or Deprivation] That in case any person in this Province, who shall be owner, or who shall have the care, government, or charge of any slave, or slaves, shall deny, neglect or refuse to allow such slave or slaves under his or her charge, sufficient clothing, covering or food, it shall and may be lawful for any person or persons, on behalf of such slave or slaves, to make complaint to the next neighboring justice in the parish where such slave or slaves live, or are usually employed; and if there shall be no justice in the parish, then to the next justice in nearest parish. And the said justice shall summon the party against whom such complaint shall be made, and shall enquire of, hear and determine the same. And if the said justice shall find the said complaint to be true, or that such person will not exculpate or clear himself from the charge, by his or her own oath, which such person shall be at liberty to do in all cases where positive proof is not given of the offence, such justice shall and may make such orders upon the same for the relief of such slave or slaves, as he in his discretion shall think fit, and shall and may let and impose a fine or penalty on any person who shall offend in the premises, in any sum not exceeding £20 current money, for each offence.        …

[44] [Overwork] And whereas many owners of slaves, and others who have the care, management and overseeing of slaves, do confine them so closely to hard labor; that they have not sufficient time for natural rest, be it therefore enacted: That if any owner of slaves, or other person who shall have the care, management, or overseeing of any slaves, shall work or put any such slave or slaves to labor, more than 15 hours in 24 hours, from the 25th day of March to the 25th day of September, or more than 14 hours in 24 hours, from the 25th day of September to the 25th day of March; every such person shall forfeit any sum not exceeding or under £20, nor under £5 current money, for every time he, she or they shall offend herein, at the discretion of the justice before whom the complaint shall be made.

[45] [Writing] 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 enacted: That all and every person and persons whatsoever, who shall hereafter 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 offence, forfeit the sum of £100 current money.