ept North Carolina, where it
is confined to negroes. Stephens supposes this harsh doctrine to be
peculiar to the British Colonial Code; but in this he is again
mistaken--the American _republics_ share the honor with England.
A law passed in December, 1822, in South Carolina, provides that any
free colored persons coming into port on board of any vessel shall be
seized and imprisoned during the stay of the vessel; and when she is
ready to depart, the captain shall take such free negroes and pay the
expenses of their arrest and imprisonment; and in case of refusing so to
do, he shall be indicted and fined not less than one thousand dollars,
and imprisoned not less than two months; and such free negroes shall
be sold for slaves. The Circuit Court of the United States, adjudged
the law unconstitutional and void. Yet nearly _two years_ after this
decision, four colored English seamen were taken out of the brig
Marmion. England made a formal complaint to our government. Mr. Wirt,
the Attorney-General, gave the opinion that the law was unconstitutional.
This, as well as the above-mentioned decision, excited strong indignation
in South Carolina. Notwithstanding the decision, the law still remains
in force, and other States have followed the example of South Carolina,
though with a more cautious observance of appearances.
In South Carolina, if any free negro harbor, conceal, or entertain,
any runaway slave, or a slave charged with _any_ criminal matter, he
forfeits ten pounds for the first day, and twenty shillings for every
succeeding day. In case of inability to pay, the free negro is sold at
auction, and if any overplus remain, after the fines and attendant
expenses are paid, it is put into the hands of the public treasurer.
The free negro may entertain a slave without _knowing_ that he has done
any thing wrong; but his declaration to that effect is of no avail.
Where every effort is made to prevent colored people from obtaining any
money, they are of course often unable to pay the penalties imposed.
If any omission is made in the forms of emancipation established by law,
_any person whatsoever_ may seize the negro so manumitted, and
appropriate him to their own use.
If a free colored person remain in Virginia twelve months after his
manumission, he can be sold by the overseers of the poor for the benefit
of the _literary fund_!
In Georgia, a free colored man, except a regular articled seaman, is
fined one hundred
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