The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-06-25
THE RIGHTS AND DUTIES OF THE PATROL.

The RlGH 5 ANU UU lltS uf lHt rhlhul'
Through the kindness of A. Herbemout, Esq.
Clerk of Appeal we are enabled to lay before
our readers, the following opinion Of our Law
Court Of Appeals, on matter of general inter-
est and great Importance. 1t may be relied on,
of course, as correct exposition of the law |;
while the spirit which it manifests is equally
creditable to that law, and to those who have
expounded it.-Eds. Telegraph.
Spring Term, 1850.
s .. The STATE
WASHINGTON BooZER and others.
OPINION. defeptlapts are convicted
under the Act of lS4l, which Furnishes, as for
! misdemeanor any person who shall "unlawful.
ly whip or beat any slave, (not under his or her
charge) without sufficient provocation, by word
or act"
The defence was rested upon their rights as
Patrol; and it proceeds upon the idea that they
were engaged in dispensing an unlawful assem-
bly, of slaves for the notion is preposterous that
the slaves whipped were "under the charge" of
the patrol who were furnishing them in the sense
of the Act.
The slaves who were whipped were on the
premises of citizen, himself slave.owner,
by his consent, and with tickets from their mas.
ter. The occasion was perfectly innocent
one, even mertorlous for Hunters negro wo-
man had obtained his permission to call in as
sistance towards the construction of a quilt for
her bed, or some bcd and 1t is to be hoped
that no master in the State would have denied
such an indulgence, when he had no motive to
suspect that it was contrived to cover up some
evil design. How many of US have permitted
to our slaves the enjoyment of a wedding party
and ceremony, in imitation of the custom of
the higher class, and even contributed literally,
to the good cheer of the occasion! 1t is sure
ly no novelty among slave owners, that, by the
consent of all parties, one slave should obtain
the assistance of his neighbor to gather his lit
tie crop, even though it be on Saturday night,
or to erect or improve his cabin. 1t would be
painful to find that the law forbids masters to
permit, or to encourage the slave in honoring
the humble virtues that may be consistent with
his condition, whether the same may take the
direction of social relations and intercourse
among themselves, or the advancement of
household comforts The true spirit of our law
does not aim at such all end, where the mode
OF attaining it presents no conflict with the in
terests the peace and security of the public.
These, undoubtedly, must be regarded at all
hazards; and no police regulations, subscribing
that high policy, can be justly branded as cruel
or tyrannical, 10 ascertain whether the slaves
punished by the defendants were caught in the
violation of any law, we must look to the stat
utes.
Our fundamental code, now time .honored, Is
that of l74O 1t was enacted soon after violent,
barbarous and. somewhat bloody servile out
break at stono. Not few of its provisions
took their hue from the exigency of the occa.
sion, and that it has faded somewhat in the lapse
OF time is only the usual inevitable consequence
of al police systems, in the shape of positive
terms, which cannot have the quality to keep up
with the advancement of community. An
attentive examination. however, of our slave
law will show, that there are few occasions
where a slave is supposed to need the interpo.
sition of police dicipline, whether welded by
the private or the public arm, when his errand
from home is known to his owner and permit,
ted by him in writing. By the 7lh section,
Act l74O, a magistrate was authorized, person
ally or by warrant to another to call the posse
and disperse "any assembly ormeetins of slaves
which may disturb the peace or endangcr the
cofoty of III. M,;o,.,, .,,L;o.tu L., tLa