the understanding that the master was to have the wages.
An Act was passed in 1735, forbidding such transactions,
and fining the persons who hired slaves who had no
written certificate from their masters setting forth
the terms upon which the work was to be done.
No slave could hire a house or plantation. No
amount of industry could make him an exception to
the general rule. If he toiled faithfully for
years, amassed a fortune for his master, earned quite
a competence for himself during the odd moments he
caught from a busy life, and then, with acknowledged
character and business tact, he sought to hire a plantation
or buy a house, the law came in, and pronounced it
a misdemeanor, for which both purchaser and seller
had to pay in fines, stripes, and imprisonment.
A slave could not keep in his own name, or that of
his master, any kind of a house of entertainment.
He was even prohibited by law from selling corn or
rice in the Province. The penalty was a fine
of forty shillings, and the forfeiture of the articles
for sale. They could not keep a boat or canoe.
The cruelties of the code are without a parallel, as applied to the correction of Negro slaves.
“If any negro or Indian slave [says the act of Feb. 7, 1690] shall offer any violence, by stricking or the like, to any white person, he shall for the first offence be severely whipped by the constable, by order of any justice of peace; and for the second offence, by like order, shall be severely whipped, his or her nose slit, and face burnt in some place; and for the third offence, to be left to two justices and three sufficient freeholders, to inflict death, or any other punishment, according to their discretion.”
As the penalties for the smallest breach of the slave-code grew more severe, the slaves grew more restless and agitated. Sometimes under great fear they would run away for a short time, in the hope that their irate masters would relent. But this, instead of helping, hindered and injured the cause of the slaves. Angered at the conduct of their slaves, the master element, having their representatives on the floor of the Assembly, secured the passage of the following brutal law:—
“That every slave of above sixteen years of age, that shall run away from his master, mistress or overseer, and shall so continue for the space of twenty days at one time, shall, by his master, mistress, overseer or head of the family’s procurement, for the first offence, be publicly and severely whipped, not exceeding forty lashes; and in case the master, mistress, overseer, or head of the family, shall neglect to inflict such punishment of whipping, upon any negro or slave that shall so run away, for the space of ten days, upon complaint made thereof, within one month, by any person whatsoever, to any justice of the peace, the said justice of the peace shall, by his warrant directed to the constable, order the said negro or slave to be publicly and severely