This act, supplemented by curfew and patrol laws and variously amended in after years, as by the enhancement of penalties for negroes convicted of striking white persons and by the requirement that masters provide adequate food as well as clothing, was never repealed so long as slavery continued to exist in South Carolina. Though its sumptuary clauses, along with various others, were from first to last of no effect, the statute as a whole so commended itself to the thought of slaveholding communities that in 1770 Georgia made it the groundwork of her own slave police; Florida in turn, by acts of 1822 and 1828, adopted the substance of the Georgia law as revised to that period; and in lesser degree still other states gave evidence of the same influence. Complementary legislation in all these jurisdictions meanwhile recognized slaves as property, usually of chattel character and with children always following the mother’s condition, debarred negro testimony in court in all cases where white persons were involved, and declared the juridical incapacity of slaves in general except when they were suing for freedom. Contemporaneously and by similar methods, a parallel chain of laws, largely analogous to those here noted, was extended from Virginia, herself a pioneer in slave legislation, to Maryland, Delaware and North Carolina and in a fan-spread to the west as far as Missouri and Texas.[4]
[Footnote 4: The beginning of Virginia’s pioneer slave code has been sketched in chapter IV above; and the slave legislation of the Northern colonies and states in chapters VI and VII.]
Louisiana alone in all the Union, because of her origin and formative experience as a Latin colony, had a scheme of law largely peculiar to herself. The foundation of this lay in the Code Noir decreed by Louis XV for that colony in 1724. In it slaves were declared to be chattels, but those of working age were not to be sold in execution of debt apart from the lands on which they worked, and neither husbands and wives nor mothers and young children were to be sold into separate ownership under any circumstances. All slaves, furthermore, were to be baptized into the Catholic church, and were to be exempt from field work on Sundays and holidays; and their marriages were to be legally recognized. Children, of course, were to follow the status and ownership of their mothers. All slaves were to be adequately clothed and fed, under penalty of confiscation, and the superannuated were to be maintained on the same basis as the able-bodied. Slaves might make business contracts under their masters’ approval, but could not sue or be sued or give evidence against whites, except in cases of necessity and where the white testimony was in default. They might acquire property legally recognized as their own when their masters expressly permitted them to work or trade on their personal accounts, though not otherwise. Manumission was restricted only by the requirement