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 of 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."[486]

The entire slave population of this Province was regarded as _chattel
property, absolutely_. They could be seized in execution as in the
case of other property, but not, however, if there were other chattels
available. In case of "burglary, robbery, burning of houses, killing
or stealing of any meat or other cattle, or other petty injuries, as
maiming one of the other, stealing of fowls, provisions, or such like
trespass or injuries," a justice of the peace was to be informed. He
issued a warrant for the arrest of the offender or offenders, and
summoned all competent witnesses. After examination, if found guilty,
the offender or offenders were committed to jail. The justice then
notified the justice next to him to be associated with him in the
trial. He had the authority to fix the day and hour of the trial, to
summon witness, and "three discreet and sufficient freeholders." The
justices then swore the "freeholders," and, after they had tried the
case, had the authority to pronounce the sentence of death, "or such
other punishment" as they felt meet to fix. "The solemnity of a jury"
was never accorded to slaves. "Three freeholders" could dispose of
human life in such cases, and no one could hinder.[487] The confession
of the accused slave, and the testimony of another slave, were "held
for good and convincing evidence in all petty larcenies or trespasses
not exceeding forty shillings." In the case of a Negro on trial for
his life, "the oath of Christian evidence" was required, or the
"positive evidence of two Negroes or slaves," in order to convict.

The increase of slaves was almost phenomenal. The rice-trade had grown
to enormous proportions. The physical obstruction gave away rapidly
before the incessant and stupendous efforts of Negro laborers. The
colonists held out most flattering inducements to English