The many statutes concerning slavery enacted in the several colonies, territories and states are listed and many of them summarized in J.C. Hurd, The Law of Freedom and Bondage in the United States (Boston, 1858), I, 228-311; II, 1-218. Some hundreds of court decisions in the premises are given in J.D. Wheeler, A Practical Treatise on the Law of Slavery (New York and New Orleans, 1837); and all the thousands of decisions of published record are briefly digested in The Century Edition of the American Digest, XLIV (St. Paul, 1903), 853-1152.
The development of the slave code in Virginia is traced in J.C. Ballagh, A History of Slavery in Virginia (Baltimore, 1902), supplemented by J.H. Russell, The Free Negro in Virginia (Baltimore, 1913); and the legal régime of slavery in South Carolina at the middle of the nineteenth century is described by Judge J.B. O'Neall in The Industrial Resources of the Southern and Western States, J.B.D. DeBow ed., II (New Orleans, 1853), 269-292.]
As a rule each slaveholding colony or state adopted early in its career a series of laws of limited scope to meet definite issues as they were successively encountered. Then when accumulated experience had shown a community that it had a general problem of regulation on its hands its legislature commonly passed an act of many clauses to define the status of slaves, to provide the machinery of their police, and to prescribe legal procedure in cases concerning them whether as property or as persons. Thereafter the recourse was again to specific enactments from time to time to supplement this general or basic statute as the rise of new circumstances or policies gave occasion. The likeness of conditions in the several communities and the difficulty of devising laws to comply with intricate custom and at the same time to guard against apprehended ills led to much intercolonial and interstate borrowing of statutes. A perfect chain of this sort, with each link a basic police law for slaves in a separate colony or state, extended from Barbados through the southeastern trio of commonwealths on the continent. The island of Barbados, as we have seen, was the earliest of the permanent English settlements in the tropics and one of the first anywhere to attain a definite régime of plantations with negro labor. This made its assembly perforce a pioneer in slave legislation. After a dozen minor laws had been enacted, beginning in 1644, for the control of negroes along with white servants and for the recapture of runaways, the culmination in a general statute came in 1688. Its occasion, as recited in the preamble, was the dependence of plantation industry upon great numbers of negro slaves whose "barbarous, wild and savage nature … renders them wholly unqualified to be governed by the laws, customs and practices of our nation," and the "absolutely necessary consequence that such other constitutions, laws and orders should be in this island framed and enacted for the good regulating and ordering of them as may … restrain the disorders, rapines and inhumanities to which they are naturally prone and inclined, with such encouragements and allowances as are fit and needful for their support, that … this island through the blessing of God thereon may be preserved, His Majesty's subjects in their lives and fortunes secured, and the negroes and other slaves be well provided for and guarded against the cruelties and insolences of themselves or other ill-tempered people or owners."
The statute itself met the purposes of the preamble unevenly. The slaves were assured merely in annual suits of clothing, and the masters were given claim for pecuniary compensation for slaves inveigled away or illegally killed by other freemen; but the main concern of the statute was with routine control and the punishment of slave malfeasances. No slaves were to leave their masters' premises at any time unless in company with whites or when wearing servants' livery or carrying written passes, and offenders in this might be whipped and taken into custody by any white persons encountering them. No slaves were to blow horns or beat drums; and masters were to have their negro houses searched at frequent intervals for such instruments, as well as for weapons, runaway slaves and stolen goods. Runaways when caught were to be impounded, advertised and restored to their masters upon payment of captors' and custodians' fees. Trading with slaves was restricted for fear of encouraging theft. A negro striking a white person, except in lawful defense of his master's person, family or goods, was criminally punishable, though merely with lashes for a first offense; and thefts to the value of more than a shilling, along with all other serious infractions, were capital crimes. Negro transgressors were to be tried summarily by courts comprising two justices of the peace and three freeholders nearest the crime and were to be punished immediately upon conviction. To dissuade masters from concealing the crimes of their negroes the magistrates were to appraise each capitally convicted slave, within a limit of £25, and to estimate also the damage to the person or property injured by the commission of the crime. The colonial treasurer was then to take the amount of the slave's appraisal from the public funds and after making reimbursement for the injury done, pay the overplus, if any, to the criminal's owner. If it appeared to the magistrates, however, that the crime had been prompted by the master's neglect and the slave's consequent necessity for sustenance, the treasurer was to pay the master nothing. A master killing his own slave wantonly was to be fined £15, and any other person killing a slave illegally was to pay the master double the slave's value, to be fined £25, and to give bond for subsequent good behavior. If a slave were killed by accident the slayer was liable only to suit by the owner. The destruction of a slave's life or limb in the course of punishment by his master constituted no legal offense, nor did the killing of one by any person, when found stealing or attempting a theft by night. Ascertained hiding places of runaway slaves were to be raided by constables and posses, and these were to be rewarded for taking the runaways alive or dead.[2] This act was thenceforward the basic law in the premises as long as slavery survived in the island.
[Footnote 2: Richard Hall ed., Acts Passed in the Island of Barbados from 1643 to 1762 inclusive (London. 1764), pp. 112-121.]
South Carolina, in a sense the daughter of Barbados and in frequent communication with her, had enacted a series of specific laws of her own devising, when the growth of her slave population prompted the adoption of a general statute for negro police. Thereupon in 1712 her assembly copied virtually verbatim the preamble and some of the ensuing clauses of the Barbadian act of 1688, and added further provisions drawn from other sources or devised for the occasion. This served as her basic law until the shock of the Stono revolt in 1739 prompted the legislature to give the statute a greater elaboration in the following year. The new clauses, aside from one limiting the work which might be required by masters to fourteen and fifteen hours per day in winter and summer respectively, and another forbidding all but servants in livery to wear any but coarse clothing, were concerned with the restraint of slaves, mainly with a view to the prevention of revolt. No slaves were to be sold liquors without their masters' approval; none were to be taught to write; no more than seven men in a group were to travel on the high roads unless in company with white persons; no houses or lands were to be rented to slaves, and no slaves were to be kept on any plantation where no white person was resident.[3]
[Footnote 3: Cooper and McCord, Statutes at Large of South Carolina, VII, 408 ff.]
This act, supplemented by curfew and patrol laws and variously amended in after years, as by the enhancement of penalties for negroes convicted of striking white persons and by the requirement that masters provide adequate food as well as clothing, was never repealed so long as slavery continued to exist in South Carolina. Though its sumptuary clauses, along with various others, were from first to last of no effect, the statute as a whole so commended itself to the thought of slaveholding communities that in 1770 Georgia made it the groundwork of her own slave police; Florida in turn, by acts of 1822 and 1828, adopted the substance of the Georgia law as revised to that period; and in lesser degree still other states gave evidence of the same influence. Complementary legislation in all these jurisdictions meanwhile recognized slaves as property, usually of chattel character and with children always following the mother's condition, debarred negro testimony in court in all cases where white persons were involved, and declared the juridical incapacity of slaves in general except when they were suing for freedom. Contemporaneously and by similar methods, a parallel chain of laws, largely analogous to those here noted, was extended from Virginia, herself a pioneer in slave legislation, to Maryland, Delaware and North Carolina and in a fan-spread to the west as far as Missouri and Texas.[4]
[Footnote 4: The beginning of Virginia's pioneer slave code has been sketched in chapter IV above; and the slave legislation of the Northern colonies and states in chapters VI and VII.]
Louisiana alone in all the Union, because of her origin and formative experience as a Latin colony, had a scheme of law largely peculiar to herself. The foundation of this lay in the Code Noir decreed by Louis XV for that colony in 1724. In it slaves were declared to be chattels, but those of working age were not to be sold in execution of debt apart from the lands on which they worked, and neither husbands and wives nor mothers and young children were to be sold into separate ownership under any circumstances. All slaves, furthermore, were to be baptized into the Catholic church, and were to be exempt from field work on Sundays and holidays; and their marriages were to be legally recognized. Children, of course, were to follow the status and ownership of their mothers. All slaves were to be adequately clothed and fed, under penalty of confiscation, and the superannuated were to be maintained on the same basis as the able-bodied. Slaves might make business contracts under their masters' approval, but could not sue or be sued or give evidence against whites, except in cases of necessity and where the white testimony was in default. They might acquire property legally recognized as their own when their masters expressly permitted them to work or trade on their personal accounts, though not otherwise. Manumission was restricted only by the requirement of court approval; and slaves employed by their masters in tutorial capacity were declared ipso facto free. In police regards, the travel and assemblage of slaves were restrained, and no one was allowed to trade with them without their masters' leave; slaves were forbidden to have weapons except when commissioned by their masters to hunt; fugitives were made liable to severe punishments, and free negroes likewise for harboring them. Negroes whether slave or free, however, were to be tried by the same courts and by the same procedure as white persons; and though masters were authorized to apply shackles and lashes for disciplinary purpose, the killing of slaves by them was declared criminal even to the degree of murder.[5]