f 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 L25, 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 L15, and any other
person killing a slave illegally was to pay the master double the slave's
value, to be fined L25, 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
forbi
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