The Negro Law of South Carolina (Classic Reprint)
(The Status of theN egro his Rights and Disabilities. Sect...)
The Status of theN egro his Rights and Disabilities. Section 1. The A ct of 1740, sec. I, declares all negroes and I ndians, (free Indians in amity with this Govcrnmcat, negroes, mu-p l. ig3. lattoes and mestizoes, who now are free, excepted Jto be slaves: Siat. 397. the offspring to follow the condition of the mother: and that such slaves are chattels personal. Sec. 2. Under this provision it has been uniformly held. th;it color is prima facie evidence, that the party bearing the color of a negro. Harden? oiote,) mulatto or mestizo, is a slave: but the same prima facie result does fi-j vvj ,;,. not follow from the Indian color. more, iR ich n, Sec. 3. I ndians, and descendants of Indians arc regarded as free I ndians, in amity with this government, until the contrary be shown. ., ., Miller vs. DawI nthe second proviso of sec. 1, of the A ct of 1740, it is declared son urown, that every negro, I ndian, mulatto and mestizo is a slave unless 174. the contrary can be made to appear yet, in the same it is immedi-om.decide.U nately thereafter provided the Indians in amity with this govern-JJ jment, excepted, in which case the burden of proof shall lie on the -!; defendant, that is, on the person claiming the Indian plaintiff to be a slave. This latter clause of the proviso is now regarded as furnishing the rule. The race of slave I ndians, or of Indians not in amity to this government, (the State,) is extinct, and hence the previous part of the proviso has no application. Sec. 4. The term negro is confined to slave A fricans, (the ancient Jjp r;P jB erbers) and their descendants. It does not embrace the free in-a Jhers. 11 1r zC nn. Rep. by liabitants of A frica, such as theE gyptians, Moors, or the ne i-ro Mill. 194-5. Au .1 Ta,i J3 == The Slate vs. A siatics, such as theL ascars. Scott, 1B ail. 27.3. o. =I 1-1 r. Slate V.S. Hayes, bEC. 5. Mulatto is the issue o
(Typographical errors above are due to OCR software and don't occur in the book.)
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