An Act for governing Negroes, Mulattoes, Mustees, and Indians, and for suspending several Acts therein mentioned.

WHEREAS many heinous and grievous Crimes, such as Murder, Poisoning, Burglaries, Robberies, Rapes, Burning and Breaking open Houses, and other Felonies, are many Times committed by Negro, Mulatto, Mustees, or Indian Slaves, or are many Times maliciously attempted by them to be committed, in which, though by divers Accidents they are prevented, yet are their Crimes nevertheless heinous, and therefore deserve Punishment: And whereas Negro, Mulatto, Mustee, and Indian Slaves, do many Times steal, wilfully maim, kill, and destroy Horses, Cattle Sheep, or other Things, of the Value of Six Shillings or above; or are accessary to the committing of such Crimes as are before mentioned, which several Offenders, for Danger of Escape, ought not to be long imprisoned, and deserve not, for the Baseness of their Condition, to be tried by the established laws of England, nor is Execution to be delayed in case of their committing such horrid Crimes: Be it Enacted by the Governor, Council, and Assembly, That if, after the Publication hereof, any Negro, Mulatto, Mustee, or Indian Slave, shall be accused of having committed, or having attempted to commit any of the Crimes before mentioned, upon Complaint thereof being made to any Justice of the peace, the said Justice shall issue out his Warrant for the apprehending the Offender, and for all persons to come before him that can give Evidence (and the Evidence of One Slave against another, in this and all other Cases, shall be deemed good and sufficient Proof) and if upon Examination it probably appears, that the Apprehend is guilty, he shall commit him or her to Prison, and certify to any other Justice the Cause, and require him by virtue of this Act to associate himself to him, which such Justice is hereby required to do, and they so associated shall issue out their Warrant to summon Three Freeholders or Housekeepers, setting forth to them the matter, and requiring them to be at a certain Day and Hour, and at such Place as the said Justices shall appoint for such trial, at which Time and Place the said Justices and Freeholders or House Keepers shall cause the said Offender and Evidence to come before them, and if they, on hearing of the matter (the said Freeholders or Housekeepers being by the Justices first sworn to judge uprightly and according to Evidence, which oath the said Justices are hereby impowered and required to administer) shall judge the Criminal guilty of the Offence complained of, they, or the major Part of them, of whom One to be a Justice, shall give Sentence of Death, or order such other Punishment as they in their Judgment shall think meet, and forthwith by their Warrant, directed to the Provost marshal, or his Deputy, or any Constable, cause immediate Execution to be done upon such Negro, Mulatto, Mustee, and Indian Slave, in some public Place, and the said Magistrates shall severally be entitled to the Sum of Fifteen Shillings, and the said Freeholders or Housekeepers shall severally be entitled to the Sum of Seven Shillings and Six Pence for the whole Process against such Offender, and the Constable, for Service of every Warrant or Summons, shall be entitled to the Sum of Three Shillings, and for causing Execution to be done the Sum of Fifteen Shillings, all which Sums are to be paid out of the public Treasury of these Islands.

[Clause II.] And be it further Enacted, That if any Negro, Mulatto, Mustee, or Indian, shall assault a White Person with a dangerous Weapon, whereby the Life of the Person so assaulted may be greatly endangered, or make any Assault of a violent Nature, except a Slave, and in Defence of his or her Owner’s or Employer’s Person or Property, he or she shall suffer Death; and in case such Assault shall be committed by the Direction of the Owner or Employer of such Negro, Mulatto, Mustee, or Indian, such Owner or Employer shall be liable to answer as by Law they ought; And if any Negro, Mulatto, Mustee, or Indian, be otherwise abusive to any White Person, he or she shall be punished by he Direction of One Justice of the Peace, or by Fine not exceeding Fifteen Pounds, or by Corporal Punishment.

[Clause III.] And be it further Enacted, That if any Freeholder or Housekeeper shall, upon Summons, refuse or neglect to appear and act with the said Justices, and do not shew Cause for such Neglect or Refusal, to be approved of by the said Justices, he shall forfeit Three Pounds, to be forthwith levied on his Goods and Chattels by Warrant from the said Justices to a Constable.

[Clause IV.] And be it further Enacted, That all such Negroes, Mulattoes, Mustees, and Indians, as have been Slaves, and are now free, shall, for all Offences, capital or criminal, be tried and adjudged after the Manner and Method as before directed for the Trial and Adjudging of Slaves, and the Evidence of a Slave against them shall be good and valid to all Intents and Purposes, any Law, Usage, or Custom to the contrary notwithstanding.

[Clause V.] And be it hereby further Enacted, That no Negro, Mulatto, Mustee, or Indian Slave, shall carry dangerous Weapons, or assemble together in any noisy, riotous, or tumultuous Manner, and it shall and may be lawful for any Person or Persons to disarm and take up any Negro, Mulatto, Mustee, or Indian Slave so offending, and carry him or her before the next Justice of the Peace, who is hereby impowered and directed to cause him or her to be whipped as he shall think proper, for every such Offence.

[Clause VI.] And it is further Enacted, That no Person or Persons whatever shall permit or suffer any such noisy, riotous, and tumultuous Assemblies, at or near their Houses or Cabins, under the Penalty of Forty Shillings for every such Offence, to be recovered before any Justice of the Peace to whom Complaint shall be made thereof by One or more Evidence, the One Half to the use of the Parish, and the other Half to the Informer, which Fine shall be levied by Distress and Sale of the Offender’s Goods, and if no such Goods are to be found, then such Person or Persons shall be committed to the Common Goal [sic], thereto remain Ten Days.

[Clause VII.] And be it further Enacted, That no Negro, Mulatto, Mustee, or Indian, shall on any Pretence sell, barter, or carry about for Sale or Barter, any Spirituous Liquors, Dry Goods, Wares, or Merchandize, of any Kind whatsoever, and it shall and may be lawful for any White Person to take and seize all such Spirituous Liquors, Dry Goods, Wares, and Merchandize, that shall be found exposed to Sale or Barter in the Possession of any Negro, Mulatto, Mustee, or Indian, and they shall be lodged in the Hands of the Provost Marshal, or his Deputy, who shall forthwith sell the same at public Vendue, and pay One Half the Proceeds to the Person who seized such Spirituous Liquors, Dry Goods, Wares, or Merchandize, and the other Half shall be paid to the Churchwarden of Christ Church Parish, for the use of the Poor; and any Negro, Mulatto, Mustee, or Indian so offending, shall receive Twenty Lashes on the bare Back, by the Order of any Magistrate.

[Clause VIII.] And be it further Enacted by the Authority aforesaid, That if any Negro, Mulatto, Mustee, or Indian, shall engross or forestall any Kind of Butchers Meat, Fish, Plantains, Eggs, Fruit, Vegetables, or other Plantation Provisions, to carry about for Sale at Second Hand, shall forfeit all such Articles which shall be sold or disposed of as aforesaid, and also shall receive Twenty Lashes on the bare Back, by Order of any Magistrate.

[Clause IX.] And whereas it is notorious that Runaway Slaves have been often harboured, employed, and provided for in some Instances for a great Length of Time, by Slaves inhabiting and planting on the South Side, and other remote Parts of this Island, to the great Detriment of their Masters or Owners, and to the Prejudice of the Public;

[Clause X.] Be it Enacted, from and after the Publication hereof, That any Master or Owner who shall suffer his or her Slave or Slaves to plant and remain on any Lands at a great Distance from his or her Residence, without causing some White Person to dwell thereon, in order to inspect and be a Check upon the Conduct of such Slave or Slaves, and in case of Neglect or Refusal to comply herewith within the Space of Two Months, he or she shall be liable to forfeit such Plantation or Plantations to the Use of the Public.

[Clause XI.] And in regard to Slaves that have been suffered to make Plantations in the remote Parts of these Islands, on Lands not the Property of their Owners, It is hereby Enacted, That if within One Month after Notice shall have been given them to remove their Houses and gather in their Crops, and break up their Plantations, it shall and may be lawful for any Constable or Constables, by an Order from a Magistrate, to take with him or them such Assistance as may be necessary, then to repair to the Plantations above described to burn their Houses or Huts, to Destroy their Crops, and all Improvements made thereon contrary to this Act, unless there should be found any Thing valuable that will bear the Expence of Removal, when in such Case they shall cause it to be brought to the Town of Nassau, and there publicly sold towards defraying the Expence of this Service; and for every Day the Constable and others shall be employed in such Service they shall receive out of the public Treasury Twelve Shillings per Day, allowing a reasonable Time in performing the Duty above mentioned.

[Clause XII.] And be it further Enacted, That if any Slave be found strolling about, or rambling out of the Limits of his Master’s or Owner’s Lands, or carrying a Firelock, Cutlass, Sword, Bayonet, or Macheet, without a Ticket from his Master or Employer, unless attending some White Person of [3] honest Repute, or within the Limits of his Master’s or Owner’s Lands, which Tickets shall specify the Name of the Slave, the Day of the Month and Week it was intended for, and the hour of the Day, and shall not exceed Twelve Hours; and any Master or Owner offending, contrary to the true Intent and Meaning hereof, shall for every such Offence forfeit the Sum of Three Pounds to be recovered before any Magistrate: Any Negro taken with Arms contrary to the Act shall for every such Offence forfeit such Arms so taken upon him, and on Conviction before any Magistrate shall be whipped at Discretion, not exceeding One hundred Lashes; and if any Negro shall refuse to deliver such Arms, or to produce his Ticket to any White Person on Demand thereof, and shall resist such White Person in disarming him or them, it shall and may be lawful for any White person to kill any such Offender, any Law to the Contrary thereof notwithstanding.

[Clause XIII.] And be it hereby further Enacted, That if any Slave shall be killed by any Person or Persons in the Execution of this Act, or under the Authority of the same, the Person or Persons by whom such Slave may be killed shall as speedily as may be give Information thereof to some Justice of the Peace, who is hereby required to receive such Information on the Oath of the Person who might have so killed any Slave as aforesaid, and also the Evidence or Information of any credible Person respecting the same; and if any Person so killing any Slave shall neglect forthwith to give the Information hereby required, he shall forfeit and pay the Sum of Sixty Pounds lawful Money of these Islands.

[Clause XIV.] And whereas many Inconveniences have arisen from the Method of trying Negroes, Mulattoes, Mustees, and Indians Claims of Freedom at the Courts of Quarter Sessions only; Be it hereby Enacted, That from and after the Publication of this Act it may at any Time be lawful for the Receiver General and any Two Magistrates to examine the Manumissions or Passes of any Negro, Mulatto, Mustee, or Indian, pretending to be free, and if they should be forged, or otherwise insufficient, or producing no satisfactory Proof of their being free, then he, she, or they are to be forthwith committed to the Common Gaol, and such Negroes, Mulattoes, Mustees, or Indians shall remain there not longer than One Month, when the Provost Marshal is required, after giving Three Days public Notice, to cause the said Negroes, Mulattoes, Mustees, or Indians to be sold by public Auction, and the Money arising from the Sale (lawful Charges, and a Commission of Five per Cent. being first deducted) shall be paid into the Treasury of these Islands, and there shall be lodged for the Term of Twelve Months, in order that the Owner, on due Proof of his Property, may receive the same; but if after the Time above mentioned no Owner shall appear, or shall fail in supporting his Claim, then the Money shall be applied towards defraying the contingent Charges of this Government; and the Provost Marshal, on the Commitment of such Negro, is hereby ordered to put up an Advertisement without Delay, describing as particularly as may be the Negroes, Mulattoes, or Indians so committed, that the Owner or Owners may receive Notice thereof: But if any such Claimant of Freedom as is above described shall appear to be bona fide free, and his or her Manumission or Pass shall be judged good and valid, he or she shall be warned and ordered by the Magistrates to depart this Government in Three Months, under the Penalty of losing his or her Freedom, unless he or she give Security to pay Ninety Pounds into the Treasury at the End of Three Months; and if any Free Man of Colour shall by Indenture or other Contract of Servitude attempt to evade this law, and it shall appear to the Receiver General and Two other Magistrates that such Indenture or Contract has been antedated, or is otherwise fraudulent, the same is hereby declared to be void and of no Effect; and the White Person to whom such Indenture or Contract shall be made shall on Conviction for every such Offence forfeit the Sum of Thirty Pounds, to be paid into the public Treasury of these Islands.

[Clause XV.] And the Governor or Commander in Chief is hereby empowered and requested to issue his Proclamation commanding all Free Negroes, Mulattoes, Mustees, or Indians, or that call themselves Free, to be and appear before the Receiver General in the Space of One Calendar Month after the Publication of this Act; and if they do not make their Appearance in the Time above mentioned the Governor or Commander in Chief is further desired to issue a Second Proclamation for the same Purpose, offering a Reward of Six Pounds to be paid out of the public Treasury to any Person or Persons (White or Black) that may apprehend the same, and deliver him or her unto the Custody of the Provost Marshal, that the Validity of his or her Claim of Freedom may be legally tried.

[Clause XVI.] And be it further Enacted, That if any Free Negro, Mulatto, Mustee, or Indian be found out of his House bearing Fire Arms, Cutlasses, Sword, Bayonet, or Macheet, without a Ticket from a Magistrate, any White Person may, and every Constable is required, as Part of his Duty, to disarm the said Freeman, and bring him before a Magistrate; and the Constable shall produce the Arms so taken to the Magistrate, who may order him to retain them to his own Use, as a Reward for bringing such Offenders before him, and the Magistrate may commit the Offender to the Common Gaol, at Discretion, if the Nature of his Offence so require, not exceeding One Month: And [4] as all People of the above Description (except Men of Property) should get their Livelihood by Labour, if any such be observed from Day to Day living in an idle, vagrant Manner, without visible Means of Subsistence, it shall be lawful for any person, and every Constable is hereby required to inform a Magistrate, that he may be committed to the Common Gaol, there to remain until he shall be transported, not to return under Penalty of forfeiting his Freedom to the Use of the Public.

[Clause XVII.] Be it further Enacted, That whosoever shall apprehend any Slave that shall, after the Publication hereof, run away, and be absent from his or her Owner above Fourteen Days and under Three Months, such person shall be entitled to, as a Reward, the Sum of Three Pounds from the Owner of such Runaway, and shall bring, or cause to be brought, the said Runaway before some Magistrate, under the Penalty of Six Pounds; and the Magistrate shall order such Punishment to be inflicted on the said Runaway as he shall think proper, and also order the Owner of such Runaway to pay the reward above-mentioned, which, if the said Owner shall refuse to do, the said Magistrate shall order the said Runaway to be delivered to the Provost Marshal, who is hereby required to pay the said Reward; and it shall and may be lawful for the said Provost Marshal to detain and keep in Custody the Body of such Runaway until his or her Owner shall pay unto him what he shall so pay unto the Person who shall have apprehended the said Runaway, with Two Shillings per Pounds for advancing the Money, and also One Shillings and Six Pence for every Twenty-four Hours the said Slave shall remain in Custody, as an Allowance for the Maintenance of such Slave, or until the End of Six Months; and if the Owner of such Slave shall not, within Six Months from the Day such Slave was committed, pay to the Provost Marshal the Money by him advanced, and respective Allowance before-mentioned, it shall and may be lawful for him to dispose of such Slave at public Sale, after giving Three Day’s Notice, and after detaining the before-mentioned Advance Money, and Allowances and Commissions on such Sale, he shall return the Overplus to the former Owner of the said Slave.

[Clause XVIII.] And be it further Enacted, That any Slave who may be now run away, and shall not, within One Month after the Publication of this Act, return to his or her Owner, or any Slave that shall, after the Publication hereof, absent him or herself from his or her Owner for the Space of Three Months successively, such Slave shall be deemed an Outlaw; and, as an Encouragement to apprehend and bring to Justice such Runaways, any Person or Persons who shall apprehend any such Runaway, either dead or alive, shall be paid out of the public Treasury Twenty Pounds for every Slave so apprehended and taken; and any such Slave taken alive shall be delivered by the Person apprehending him or her into the hands of the Provost Marshal of these Islands, who is hereby ordered and directed to put every such Runaway Slave into Irons, and forthwith to make his Report thereof to some Justice of the Peace, who, with the Assistance of another Magistrate and Three Freeholders shall proceed to Trial, and on Conviction shall order Execution of every such Runaway Slave, unless it shall appear to them that such Slave has received such cruel Usage from his or her Owner or Owners as to have been the Cause of his or her running away, then and in such Case the said Magistrates, and Freeholders or Housekeepers, shall sentence such Offender to be transported off these Islands: Provided always, and it is hereby further Enacted, that every Owner shall, within Fourteen Days after the running away of his or her Slave, give Notice thereof by Advertisements to be affixed at the usual public Places, which shall be proved by Oath of One credible Witness, wherein shall be inserted the Name and Description of such Runaway, by Means whereof he or she may be the more easily apprehended; and in case the Owner as aforesaid shall neglect so to do, he or she shall not receive any Satisfaction from the public Treasury for such Slave as shall be so killed or executed.

[Clause XIX.] And it is further Enacted, That if any White Person shall hereafter be guilty of employing, concealing, enticing, entertaining, or sending off these Islands any Runaway Negro or other Slave, who shall be suspected of having committed any Capital Offence, every such White Person, guilty of any such Offence, shall forfeit the Sum of Six Pounds, One Half to the Person who shall inform and sue for the same, and for Want of Distress such Offender shall receive Sixty Stripes at the public Whipping Post, by Order of the Court in which such Fine shall be sued for, and the Informer shall receive Thirty pounds from the public Treasury, upon producing a Certificate from the Court who shall order such Punishment to be inflicted, and such Offender shall also be liable to the Owner’s Action at Law for the Value of such Slave; and if any Free Negro, Mulatto, Mustee, or Indian shall be found guilty of any such Offence, he or she shall forfeit his or her Freedom, and be sold and transported off these Islands by Order of Three Justices of the Peace, who are hereby impowered to take Cognizance of every such Offence, and to make such Orders, and to direct the due Execution thereof; and any Person who shall inform against any such Free Negro, Mulatto, Mustee, or Indian, shall, on Conviction and Sale of such Offender, be entitled to and receive One Half of the Money arising from such Sale; and if any Slave shall be guilty of such Offence, he or she shall be publicly whipped, at the Discretion of any Justice of Peace to whom Complaint and Proof thereof shall be made; and any Person so informing, shall, on Conviction, be entitled to and receive, out of the public Treasury, a Reward of Six Pounds, on producing a Certificate under the Hands of the Magistrates before whom such Offender shall be convicted.

[Clause XX.] And be it also Enacted, That it shall not be lawful for the Owner of any Runaway Slave to sell such Runaway during his or her Absence to any Person whatsoever; and if the Sale of any such Slave shall be discovered, the Buyer and Seller thereof shall respectively  forfeit the Sum of Thirty Pounds, One Half of which shall be to the Informer, or to any Person who shall sue for the same; and such Runaway shall be tried in Manner hereinbefore directed, and the Owner or Purchaser shall not be entitled to any Reward therefor out of the public Treasury.

[Clause XXI.] And it is further Enacted, That if any Person shall, by accident, kill any Negro or other Slave, he or she shall not be liable to any Punishment therefor, but the Owner’s Action at Law for the Value of the Negro or other Slave so killed; and if any Person shall wilfully kill any Negro or other Slave, he or she shall be tried, and if found guilty shall suffer for the same according to the Laws of England, Forfeiture of Goods and Chattels, Lands and Tenements, only excepted.