if not claimed within a year shall be sold [1753. c. 2.]. These
provisions were in general re-enacted in 1792 [Edit. of 1794. c. 103.
131.], but the punishment to be inflicted on a Negroe or mulattoe, for
lifting his hand against a white person, is restricted to those cases,
where the former is not wantonly assaulted. In this act the word Indian
appears to have been designedly omitted: the small number of these
people, or their descendants remaining among us, concurring with a more
liberal way of thinking, probably gave occasion to this circumstance.
The act of 1748, c. 31, made it felony without benefit of clergy for a
slave to prepare, exhibit, or administer any medicine whatever, without
the order or consent of the master; but _allowed clergy_ if it appeared
that the medicine was not administered with an _ill intent_; the act of
1792, with more justice, directs that in such case he shall be acquitted
[Edit. 1794. c. 103.]. To consult, advise, or conspire, to rebel, or to
plot, or conspire the death of any person whatsoever, is still felony
without benefit of clergy in a slave [1748. c. 31. 1794. c.
103.].--Riots, routs, unlawful assemblies, trespasses and seditious
speeches by slaves, are punishable with stripes, at the discretion of a
justice of the peace [1785. c. 77. 1794. c. 103.].--The master of a
slave permitting him to go at large and trade as a freeman, is subject
to a fine [1769. c. 19. May 1782. c. 32. 1794. Ib.]; and if she suffers
the slave to hire himself out, the latter may be sold, and twenty-five
per cent. of the price be applied to the use of the county.--Negroes and
mulattoes, whether slaves or not, are incapable of being witnesses, but
against, or between Negroes and mulattoes; they are not permitted to
intermarry with any white person; yet no punishment is annexed to the
offence in the slave; nor is the marriage void; but the white person
contracting the marriage, and the clergyman by whom it is celebrated are
liable to fine and imprisonment; and this is probably the only instance
in which our laws will be found more favourable to a Negroe than a white
person. These provisions though introduced into our code at different
periods, were all re-enacted in 1792 [Edit. of 1794. c. 103.].
From this melancholy review it will appear that not only the right of
property, and the right of personal liberty, but even the right of
personal security, has been, at times, either wholly annihilated, or
reduced to a
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