The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-05-31

al knowledge or from information should as
certain that any slave kept any horse or neat
cattle, that he cause the same TO be taken
away and sold. And it was declared law
fuI for any person 10 seize hogs kept by
slaves, and all boats and canoes belonging
to them, and give notice to the next JUS
ticc.
In the first mentioned, Act il is manifest
ed that no entry upon the premises of The
owner of slave offending in The particular
specified was at all permissible, or in con
temptation. In the second Act mentioned,
the right so to enter by the Justice or his
Constable, is by no means clear; and it is to
he remarked that in regard to horses and
neat cattle, the Justice alone could deal with
them.
In 1875, the laws Of 1922 was re-enacted
in substance-but the mode was specified
there to wit: Justice should empower by
warrant constable to take away and sell
the horse or hcat cattle. As before, any
person might seize the ho-, boats or canoes;
q Stat. 3O4) But the 32d section, at page
395, affords a ray Of light to the question.
1t enacts--"That every person who shall
send any slaves with perriangcrs boats or
canoes, shall give them ticket" Then we
reasonably infer that the capture be per-
mi,ted in regard to the water craft, was ex-
pected to occur beyond the eye and premi-
ses of the master.
The next step was IN October Of l740;
which has been heretofore quoted in sub
stance.
According TO the scheme ofthat, our ex-
isting law, it will be seen, that the power
vested in Justice Of the Peace from 1922
in relation to horses and neat cattle was de-
MED to that officer, and the rig ghl of seizure
by private person, was extended not only
To them, but to vast range Of other articles
of property, to wit, TO any goods or COM
modites that slave had acquired by sell
ing, trading, dealing, traffickrng or bartering,
! except in cases permitted, as well as TO boats
perriangcrs, canoes, horses, mares, neat
cattle, sheep and hogs. Now if il is 10 be in
sisted that under previous legislation, Ma
gistrale might enter mans premises, or au-
ihorze another So 10 do, to confiscate, this
BY All officer OF the law, to horses and neat
cattle; and is it not incongruous to contend
that while this restricted power was with
holden from such public officer, by the Act OF
l74O. the same power delicate aud liable to
grea, abuse when most guarded by discretion
should have been By design0 vested with
vastly enlarge range of operation, in 'any
person?' II is manifest that in the whole
system of legislation in regard to slaves, the
the lawmakng power of Provincial times
proceeded with a cautious step; Ilr the seve-
raj Acts were temporary; as was the case
with that Of l74O. Indeed it seems to have
been deiunct from I746 to 1883. From
such caution the in erence is that earnest al
ton was paid t. the lessons of experience
10 pracllcal deveI0pemens; from year to
year; and that if Magistrates within their
limited range, ever did enter or cause to he
entered the plantations of slave-owners in
quest of condemned goods, il had been found
10 be an iijudIcious license, even for them,
and hence was Withdrawn in l740-ana .fOf-
tori il must have been deemed incSpcuIcnt
TO con,ni, to the hands Of any private per-
SON all inquSl,orIal power pregnant with
vexatipn, oppression and turbulence, and
boasing little affinity to some of the most
cherished aud stable maxiIns of the English
common law.
], is eminently proper, when we arc seek
ing, through the mlss Of more than one hum
dred years, the true Interpretation of 'esis-
lative act, 10 resort for aid to such objects
Of pursuit as are declared to have been in
contemplation by the Legislature. Was it
necessary that a mans plantation, or it may
be his negro houses within the curtilage,
should he open to invasion, night or day, as
might suit the convenience of captor, in or
der TO advance the great ends in view?
In 1922 the danger was declared to arise
fr I'M the facility of intercourse between diff
fercnt parts of the country by negroes upon
horses of their own, whereby lnsurrectlcns
might he hatchcd and malured. While it
might be we'll therefore, to subject to cap
ture horse ridden by negro and belong
ing to him, with no lawful permit, beyond
his masters premises, what harm would
come to the public peace and safety if the
negro and horse remained on the masters
plantation! Tae same remark will apply to
water craft. In l740, to the evil aprrehen-
ded of dangerous conspIracies was added
that of receiving stolen goods, under guise OF
the ownership of the several descr ptions OF
stock mentioned. And it should be remark
cd that throughout this latter legislation up.
on the subject the idea Of dealing and traf;
ticking goes pari passu with every other pur.
pose disclosed. Now if ones goods in spc,
cic,-if stock alive were traced under the
cloak which was supposed 10 be found. to
cover the reception of stolen goods, in the
breeding and raising by negroes of the ami
malsnenlioned, search warrant was suf:
Hcient and accessible to any bod y to detect