of the proprietaries were finally ceded to the crown, the northern and southern portions of the territory constituted distinct jurisdictions, each having a separate legislative assembly. They became formally distinguished as North and South Carolina, in the year 1732.

The legislative history of North Carolina begins with the year 1669. (2 Banc., 151.) According to Iredell's Laws of N. C., from which the following notes of statutes are taken, the date of the earliest extant laws is 1715, of which year's laws, c. 31-An act for the more effectual observing of the Queen's peace, &c., sec. 5, referring to the charter provision, states that disputes often arise how far the laws of England are in force; declares," From thence it is manifest that the laws of England are the laws of this government, so far as they are compatible with our way of living and trade." "That the common law is, and shall be in force," except as to the practice of courts, and that all English statutes for maintaining the rights of the crown, the established Church, "and all laws providing for the privileges of the people," and certain others, shall be in force.

gives us no right to expel or use them ill; and those who remove from other parts to plant there will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be obtained amidst diversity of opinions, and our government and compact with all men may be duly and faithfully observed; the violation whereof, upon what pretence soever, cannot be without great offence to Almighty God, and great scandal to the true religion which we profess; and also that Jews, Heathens and other dissenters from the purity of the Christian religion may not be scared and kept at a distance from it, but by having an opportunity of acquainting themselves," &c.

Art. 101. "No person above seventeen years of age shall have any benefit or protection of the law, or be capable of any place of profit or honor, who is not a member of some Church or profession, having his name recorded in some one, and but one religious record at once.'

"

Art. 107. "Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man's civil estate or right, it shall be lawful for slaves as well as others, to enter themselves, and be of what Church or profession any of them shall think best, and be as fully member as any freeman. But yet no slave shall hereby be exempted from that civil dominion his master hath over him, but be in all things in the same state and condition he was in before."

Art. 110. "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever."

For the early legislative history of the Carolinas, see Pref. vol. 1 of Rev. St. of North Car. Brevard's Observations. 1 S. C. Stat. at L. 425-429.

At this time, according to 1 Williamson's Hist. of N. C., 122, n., "Taxables were every white male, aged sixteen years; and every slave, negro, mulatto or Indian, male or female, aged twelve years."-Comp. ante, p. 230.

Ch. 45. An act concerning servants and slaves.-The title only is given in Iredell's L.; margin, "Rep. by act April 4, 1741, c. 24." Ch. 59. An act respecting Indians, of which sec. 5 enacts, that any white man injuring an Indian "shall make full satisfaction to the party injured, and shall suffer such other punishment as he should or ought to have done, had the offence been committed by an Englishman." Ch. 66. An act repealing all laws not specially re-enacted.

1720, c. 5.—An act explaining the act concerning servants and slaves, the title of which only is given by Iredell, and in margin, "Rep. by Ap. 1741, c. 24."

1723, c. 5.—An act for an additional tax on all free negroes, mulattos, mustees, and such persons, male or female, as now or hereafter shall be intermarried with any such persons resident in this government. The title only given; margin, Rep. by acts, 1741, c. 24: 1760, c. 2.

1741, c. 1. Act concerning marriages.-Sec. 13. That white persons intermarrying with any negro, mustee, or mulatto man or woman, or any person of mixt blood to the third generation, bond or free, "shall pay fifty pounds forfeit."

-- c. 24. An act concerning servants and slaves, does not declare who are or shall be slaves; relates to treatment of indentured servants, and the police regulations for slaves most common in the various colonies. Sec. 18, provides for extension of the term of service of white servant women having bastard children; if by a negro, &c., such children shall be bound out until thirty-one years of age. 19. Mentions a peculiar class of servants imported, being tradesmen or workmen in some art, receiving wages, yet bound. 45. Such runaways may be declared outlawed, and thereupon lawfully killed by any person. 46. The conspiracy of three slaves made a felony. 56. That no negro or mulatto slaves shall be set free upon any pretence whatsoever, except for meritorious services, to be adjudged by the county court and license thereupon.

1749, c. 6. An act confirming, on revision, certain former acts, among which the acts of 1723 and 1741 above mentioned. 1753, c. 6. An additional act concerning servants and

slaves, principally providing for searching the houses of slaves for arms and stolen goods. Sec. 9. Allowance for slaves executed. (Rep. by 1786, c. 17.) 10. That if slaves, not being clothed and fed according to the intent of this act, shall steal corn, cattle, or goods, their owners shall be liable in damages to the person losing the same.

1758, c. 7. Another additional act as above, the title only given; margin, "Rep. by act, 1764, c. 8, and 1786, c. 17." By the former of these repealing acts it appears that the act in part provided that no male slave should, for the first offence, be condemned to death, unless for murder or rape, but for every other capital crime should, for the first offence, suffer castigation. The other sections provide compensation to the owners of slaves executed for crimes. The act of 1786, repealing these, recites, "Whereas many persons, by cruel treatment to their slaves, cause them to commit crimes for which many of said slaves are executed, whereby a very burthensome debt is unjustly imposed on the good citizens," &c.

1774, c. 31. An act to prevent the wilful and malicious killing of slaves,' provides for the first offence, twelve months' imprisonment, and for the second, death without clergy; the offender to pay to the owner the value of the slave. Proviso, that the act does not extend to outlawed slaves. See the act of 1791, on this matter, and State v. Boon, Taylor's N. C. R. 252.

1775, May 19. The so-called "Mecklenburg Declaration of Independence," in the name of "the citizens of Mecklenburg county." See the history of this in Rev. St. of N. C. vol. i. p. 5. ; from its insertion in this publication it may be taken to have been adopted by the State as its own public act.

1 State v. Reed, 2 Hawks' R. 454. An indictment for the murder of a slave, which concludes at common law is good. State v. Hale, 2 Hawks' R. 582. An indictment will lie at common law for battery of a slave by a stranger, i. e., not owner or hirer; comp. State v. Mann, 2 Devereux R. 263. In Tate v. O'Neil, 1 Hawks' R. 418, held, that patrols are not liable to the master for inflicting punishment on his slave, unless their conduct demonstrates malice against the master.

§ 229. LEGISLATION OF SOUTH CAROLINA.

Among the titles preserved in Trott's Laws of S. C. pp. 1, 2, 3, of certain early colonial acts, which are not now to be found, is one dated

1682 or 1683, entitled An act inhibiting the trading with servants or slaves. This act was probably temporary, but was renewed by various acts, anterior to the revisory and now extant slave law of 1712. See 2 Statutes at Large, Introd. p. 5, and pp. 22, 52, 73, 118, also, An act for servants arriving without indentures or contracts, and an act to prevent runaways.-2 Stat. Introd. p. 5.

1687. An act for servants hereafter arriving without indentures or contracts.-2 Stat. L. p. 30.

1690. An act for the better ordering of slaves.-7 St. at L. 342. Sec. 1. Police regulations for negro or Indian slaves, provides for passes or tickets. Penalty for neglect to apprehend and punish runaways; punishment of such slaves" offering any violence." 2. "That all slaves shall have convenient clothes once every year," and that no slave "shall be free by becoming a Christian," that slaves shall be deemed "as other goods and chattels" as to payment of debts, but "shall be accounted as freehold in all other cases, and descend accordingly." 3, 4, 6, 9. For the detention, treatment, &c., of runaways. 5. Houses of slaves to be searched for arms, &c., and stolen goods. 7. Penalty for attempting to steal or carry off any slaves the act made a felony. 8, 10, 11. Provide for the trial and punishment of slaves, by a justice and three freeholders, for crimes, misdemeanors, and insurrections. 12. "That if any slave, by punishment from the owner for running away or other offence, shall suffer in life or limb, no person shall be liable to the law for the same; but if any one out of wilfulness, wantonness, or bloodymindedness, shall kill a slave, "shall suffer three months' imprisonment," and pay fifty pounds to the owner; no person liable for killing a slave stealing by night in his house, &c.

This act appears to have been temporary, but in substance re-enacted by various acts until the law of 1712. See 2 Stat. at L. pp. 49, 78, 121, 156, 182.

1697. An act for the making aliens free of this part of this province and for granting liberty of conscience to all Protestants.-2 St. at L. 131. The first section extends the rights and privileges" of persons born of English parents" to all alien inhabitants; but by the seventh its extent seems limited to certain French Protestants. An act of 1691, 2 St. at L. 58, also naturalizes certain of this class of aliens.

1698. An act for the encouragement of the importation of white servants.-2 St. at L. 153, recites, "whereas the great number of negroes, which of late have been imported into this colony may endanger the safety thereof, if speedy care be not taken and encouragement given for the importation of white servants."

1701. An act for the prevention of runaways deserting this government.-2 St. at L. 180. This applies to all domiciled persons.

1703. An act laying duties, 2 St. at L. 200. Secs. 4, 5, designate the duty to be paid on negro slaves imported, and on Indian slaves exported. Further explained by act of 1706, 2 St. at L. 280.

1704. An act to regulate elections, 2 St. at L. 249. Sec. 1, provides a property qualification for voters, but no distinction of race is mentioned. Another act making aliens free of this part of the province.-2 St. at L. 251. Another for raising and enlisting such slaves as shall be thought serviceable to this province in time of alarms.—7 St. at L. 349, continued by later acts up to the act of 1712.

1712. An act to put in force in this province the several statutes of the kingdom of England, or South Britain, therein particularly mentioned.-2 St. at L. p. 401. In sec. 5, "that all and every part of the common law of England, where the same is not altered by the above enumerated acts, or inconsistent with the particular constitutions, customs, and laws of this province, excepting so much thereof as hath relation to the ancient tenures which are taken away, &c., is hereby enacted and declared to be of as full force in this province as if particularly enumerated by this act, &c." Among the acts named are the great