South Carolina Slave Code (Module 3)

In 1712, the South Carolina General Assembly, led by Lord Craven, passed a series of laws governing slaves, including "negroes, mulatoes, mestizoes, or Indians", and black slaves in particular (1). The "South Carolina Slave Code" sought to formally enact whites' racist views of non-whites as inferior, to state who exactly was considered to be a slave, and to declare exactly what those slaves were permitted to do under the law.

In the introduction of the "South Carolina Slave Code", the reasoning given by the South Carolina General Assembly to justify the enactment of laws governing slaves' lives exemplifies the racist thinking of whites at the time and the interwoven history of that racism with the economic history of the United States. It is stated that in order for South Carolina's "plantations and estates" to "be well and sufficiently managed and into use", the "labor and service of negroes and other slaves" is needed (1). And because the nature of "negroes and other slaves" is deemed to be a "barbarous, wild, (and) savage nature", "it is absolutely necessary, that constitutions, laws and orders, should...be made and enacted, for the good regulating and ordering of them..." (1). Thus, because of the vitality of slavery to the success of then colonial South Carolina's economy and the believed to be inferior, "uncivilized" nature of the non-white slaves, the following laws were passed in order to regulate and maintain the stability of the slave labor force.

The first law declares who is to be considered a slave; including: "all negroes, mulatoes, mestizoes or Indians, which at any time heretofore have been sold, or now are held or taken to be, or hereafter shall be bought and sold for slaves, are hereby declared slaves; and they, and their children, are hereby made and declared slaves..." (1). This declaration of slavery inherited from birth was unique to Western society, differing from the African tradition of non-inherited slavery.

The second and third laws sought to severely limit the already little freedom granted to slaves by denying them leave from the plantation "on Sundays, holidays, or any other time" and if they did leave the plantation "without a ticket, or leave in writing, from his master or mistress, or .... some white person in the company of such slave, to give an account of his business" they were to be whipped (1). Thus, any slave off the grounds of the plantation was to be automatically considered a fugitive. Slaves were also granted little personal privacy, in that, the slave quarters were to be searched every fourteen days for "fugitive and runaway slaves, guns, swords, clubs, and any other mischievous weapons..." (1). The later items possibly being used to rebel in some way.

The fifth and sixth laws sought to minimize the possibility of an armed insurrection. "No negro or slave" was allowed to carry a gun or firearm outside the grounds of the plantation without the accompaniment of the master, or some other white person (1). And the master of the plantation was to keep his guns and firearms in the most private room of the house (1), in order to lessen the possibility of a slave gaining access to the guns and using them against the master and his family.

Work Cited:

(1) Cooper, Thomas and David J. McCord, eds. "South Carolina Slave Code." Statutes at Large of South Carolina: Vol. VII, pp. 352-356. Columbia: A.S. Johnston, 1836-1841. 10 vols. 2 July 2007. <http://webct.dvc.edu/SCRIPT/HIST120_5562_SU07/scripts/serve_home>.