owners or masters; and also, excepting all such negroes, mulatoes, mustizoes or Indians, as can prove they ought not to be sold for slaves.  And in case any negro, mulatoe, mustizoe or Indian, doth lay claim to his or her freedom upon all or any of the said accounts, the same shall be finally heard and determined by the Governor and council of this Province."[483]

The above section was re-enacted into another law, containing forty-three sections, passed on the 23d of February, 1722.  Virginia declared that children should follow the condition of their mothers, but never passed a law in any respect like unto this most remarkable Act.  South Carolina has the unenviable reputation of being the only colony in North America where by positive statute the Negro was doomed to perpetual bondage.[484] On the 10th of May, 1740, an act regulating slaves, containing fifty sections, recites:—­

“Whereas, in his Majesty’s plantations in America, slavery his been introduced and allowed, and the people commonly called negroes, Indians, mulattoes and mustizoes, have been deemed absolute slaves, and the subjects of property in the hands of particular persons, the extent of whose power over such slaves ought to be settled and limited by positive laws, so that the slave 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:  We pray your most sacred Majesty that it may be enacted."[485]

The first section of this Act was made more elaborate than any other law previously passed.  It bore all the marks of ripe scholarship and profound law learning.  The first section is produced here:—­

“1. And be it enacted, by the honorable William Bull, Esquire, Lieutenant Governor and Commander-in-chief, by and with the advice and consent of his Majesty’s honorable Council, and the Commons House of Assembly of this Province, and by the authority of the same, That all negroes and Indians, (free Indians in amity with this government, and negroes, mulattoes and mustizoes, who are now free, excepted,) mulattoes or mustizoes 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, held, 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; provided always, that if any negro, Indian, mulatto or mustizo, shall claim his or her freedom, it shall and may be lawful for such negro, Indian, mulatto or mustizo, or any person or persons whatsoever, on his or her behalf, to apply to