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 Englishmen to emigrate into the Province.  The home government applauded the zeal and executive abilities of the local authorities.  Attention was called to the necessity of legislation for the government of the vast Negro population in the colony.  The code of South Carolina was without an example among the civilized governments of modern times.  It was unlawful for any free person to inhabit or trade with Negroes.[488] Slaves could not leave the plantation on which they were owned, except in livery, or armed with a pass, signed by their master, containing the name of the possessor.  For a violation of this regulation they were whipped on the naked back.  No man was allowed to conduct a “plantation, cow-pen or stock,” that shall be six miles distant from his usual place of abode, and wherein six Negroes were employed, without one or more white persons were residing on the place.[489] Negro slaves found on another plantation than the one to which they belonged, “on the Lord’s Day, fast days, or holy-days,” even though they could produce passes, were seized and whipped.  If a slave were found “keeping any horse, horses, or neat cattle,” any white man, by warrant, could seize the animals, and sell them through the church-wardens; and the money arising from such sale was devoted to the poor of the parish in which said presumptuous slaves resided.  If more than seven slaves were found travelling on the highway, except accompanied by a white man, it was lawful for any white man to apprehend each and every one of such slaves, and administer twenty lashes upon their bare back.  No slave was allowed to hire out his time.  Some owners of slaves were poor, and, their slaves being trusty and industrious, permitted them to go out and get whatever work they could, with