, 1859-01-24
A Southern Judge nm fhe klav n Trade

A Southern Judge on the Slay Trade.
Judge MAgrsth. in opening tho January ses.
sion fthe 9. 3 distric. court at Charleston, S.
G.. charged the jury very strong.ly for the en.
forcement Of the laws against the alaye trade.
He also stated some interesting faois - to The
opposition Of South Carolina to Tho slave trade
at the time Of tha Revolution:
"Although the privilege OF importing slaves
Was considered u Of 30 much value. that but for
me fl8nt o. It's exercise during twenty years.
the state Of South CaEolinn, and other ststes, OF
which Georgia was one, would not have accepted
and ratified the constitution, it must not be IN.
derstood that during these twenty years. the
privilege of importing slaves was constantly or
freely exercised BY eit.er or both Of these suskes
So far from it, the earliest prohibition of the
tions Of policy Ii to be found in South Caroli-
na. In l5e4, before the Revolution, penalty
Ind been imposed By the then colony Of South
Carollua OF Elo0 for every negro imported In
1872 after the adoption Of the consultation, the
state Of South Carolina again passed sn ecs, to
tion Of slayes from Africa OF places beyond seas
In 1884 this oct was extended to the lst Janu-
ary. 1877, and many additions were made to it.
In 1886 il was still further extended to 1at Janu-
arr. 1888; and By this act the slave SO imported
was declared forfeited, and ordered to be sold
ou1 uall u &c palQ 10 tle luloTueT, one QRH 10
the state and penalty Of ESQ imposed On the
| importer, In 1873, the act was still further e1-
tended 10 lat January, 1901, and then to 1st
| January, 1909. By an act also passed in $500,
no negro, mulatto, messizoe, or persou Of color,
could be brought into the state for sale, or 70 be
kept, under the penalty Of being sppreheuded
and sold. The most stringent measures were
adapted for the enforcement Of this prohibition.
In all cases Of violation, warrants were required
10 be lssued; the militia we're directed to be en-
ployed II necessary, in securing obedience to the
law, and, if "need be. to wound and kill :"
such 81 would resist. An officer refusing to
| act as required, was punished. The informer
! was made competent to testify, and the accused
| was required to prove his innocence. In 1901,
| the same general provisions we're reenacted,
| and made more stringent By requiring that fer
| rymen should be sworn to sssist in its enforce
ment; that persons bringing slarea into the
state with them IS they passed through it,
| should be required to take oath that they
would not sell, but would take back such Slaves
with them and no person returning 10 the state
! could bring with him slave, whom he did not
take With him. In 1902. all persons coming to
settle OF passing through the state, Were obllg-
ed, it they had slaves With them, to take certain
oaths; aud if they came to settle they could not
sell slave for the period Of two years succeed.
| ing that in which they came in; and slaves
| brought into the Btate in violation Of the Law
we're declared free. In 1903, all these acts were
repealed, and the only period during twenty
| years which had been required for the exercise
Of the privileges Of the slave trade, in which that
trade was not prohibited hY the state Of South
Carolina itself, was the brief interval between
the year 1868 and the LIST January, 1905"