their custody, that then such owner shall lose
his property to the said slave, to him or them that
will sue for the same, by information, at any time
within six months, in the court of common pleas
in this Province. And every person who shall
so recover a slave by information, for the reasons
aforesaid, shall, within twenty days after such
recovery, inflict such punishment upon such slave
as his former owner or head of a family ought to have
done, and for neglect of which he lost his property
to the said slave, or for neglect thereof shall
forfeit fifty pounds; and in case any negro slave
so recovered by information, and gelt, shall
die, in such case, the slave so dying shall not
be paid for out of the public treasury. And in
case any negro or slave shall run away the fifth time,
and shall so continue by the space of thirty days
at one time, such slave shall be tried before
two justices of the peace and three freeholders,
as before directed by this Act in case of murder,
and being by them declared guilty of the offence,
it shall be lawful for them to order the cord of one
of the slave’s legs to be cut off above the heel,
or else to pronounce sentence of death upon the
slave, at the discretion of the said justices;
and any judgment given after the first offence,
shall be sufficient conviction to bring the offenders
within the penalty for the second offence; and
after the second, within the penalty of the third;
and so for the inflicting the rest of the punishments."[490]
If any slave attempted to run away from his or her
master, and go out of the Province, he or she could
be tried before two justices and three freeholders,
and sentenced to suffer a most cruel death. If
it could be proved that any Negro, free or slave,
had endeavored to persuade or entice any other Negro
to run off out of the Province, upon conviction he
was punished with forty lashes, and branded on the
forehead with a red hot iron, “that the mark
thereof may remain.” If a white man met
a slave, and demanded of him to show his ticket, and
the slave refused, the law empowered the white man
“to beat, maim, or assault; and if such Negro
or slave” could not “be taken, to kill
him,” if he would not “shew his ticket.”
The cruel and barbarous code of the slave-power in
South Carolina produced, in course of time, a re-action
in the opposite direction. The large latitude
that the law gave to white people in their dealings
with the hapless slaves made them careless and extravagant
in the use of their authority. It educated them
into a brood of tyrants. They did not care any
more for the life of a Negro slave than for the crawling
worm in their path. Many white men who owned no
slaves poured forth their wrathful invectives and
cruel blows upon the heads of innocent Negroes with
the slightest pretext. They pushed, jostled, crowded,
and kicked the Negro on every occasion. The young
whites early took their lessons in abusing God’s
poor and helpless children; while an overseer was