An Act for Regulating Negro, Indian and Mallatto Slaves within this Province of New-Jersey.

Dec.12, 1704, 2 Bush 28-30. Repealed by an order of Council, Oct.24,1709

[§1] Whereas it is found by daily Experience, that Negro, Indian and Mallatto Slaves, under pretence of Trade, or liberty of Traffick, do frequently steal from their Masters, Mistresses or others, what they expose to sale at a distance from their Habitations; and it being a known truth. That without a Receiver, the Thief would soon desert his Practice, Be it therefore Enacted by the Governour,Council and Assembly now met and assembled, and by the Authority of the same, That all and every Person or Persons inhabiting within this Province, who shall at any time after publication hereof buy, sell, barter, trade or traffick with any Negro, Indian or Mallatto Slaves, for any Rume, Wine, Beer, Syder, or other strong Drink, or any other Chattels, Goods, Wares or Commodities whatsoever within this Province of Nova-Cesaria or New-Jersey, shall pay for the first Offence Five Pounds, and for the second, and every other Offence, Ten Pounds current Money of this Province, the one half to the Informer, the other half to the use of the Poor of that place where the fact is committed. To be recovered by Action of Debt in any of her Majesties Courts of Record within this Province where the fact shall arise.

[§2] And be it further Enacted by the Authority aforesaid, That all and every person or persons within this Province who shall find or take up any Negro, Indian or Mallatto Slaves ten Miles from his or her Master or Mistresses Habitation, who hath not leave in writing from his or her said Master or Mistress, he, she or they so taken up shall or may be whipt, by the party that takes them up, on the bare back, not exceeding twenty Lashes; and the taker up shall have for his Reward the Sum of Five Shillings for every one so taken up, with reasonable Charges of carrying home, paid him by the Master or Mistress of the said Slave; and if further, then six Pence per Mile for every Mile over and above the said ten Miles; to be recovered by Action of Debt of Forty Shillings or under, before any Justice of the Peace; if above 40s. then before the Court of Common Pleas of the County where the fact shall arise.

[§3] And be it further Enacted by the Authority aforesaid, That if any Negro, Indian or Mallatto Slaves of or belonging to any other Province, without License under the hand of his or her Master or Mistress, shall be taken up by any person within this Province, he, she or they so taken up shall be whipt at the publick Whipping-post belonging to the place where the said Negro, Indian or Mallatto Slaves shall be taken up, not exceeding twenty Lashes on the bare back, and to be committed by a Warrant from a Justice of the Peace where the Fact shall arise, to the Goal of that County; and the person so taking them up, and carrying them to be whipt, shall have for his Reward the Sum of Ten Shillings for each Slave, paid by the Mr. or Mrs. of the said Slaves, and to remain in Prison till it be paid, with all other Charges that shall accrew thereby.

[§4] And be it further Enacted by the Authority aforesaid, That when any Negro, Indian or Mallatto Slaves shall be taken into Custody for Fellony or Murder, or suspicion of Fellony or Murder, that three of the Justices of the Peace of that County where the Fact is committed (one being of the Quorum) shall with all conveniency meet and try the said Negro, Indian or Mallatto Slaves, and upon Conviction by a Jury of twelve lawful Men of the Neighbourhood, Pronounce Sentence for such Crimes, and sign the Execution

[§5] And be it further Enacted by the Authority aforesaid, That if any Negro, Indian or Mallatto Slave shall steal to the value of six Pence, or above, and under the Sum of five Shillings, and be thereof convicted before two Justices of the Peace, one whereof to be of Quorum, upon the Oath or solemn Affirmation of one or more Witnesses, such Negro, Indian or Mallato Slave shall be whipt on the bare Back, at the publick Whipping-place, with Forty Lashes by the Constable of such Township or place where the Offence was committed, or such Person as he shall appoint. And that if any Negro, Indian or Mallatto Slave shall steal to the value of five Shillings, or above, and under the Sum of Forty Shillings, and be thereof convicted in manner as aforesaid, such Negro, Indian or Mallatto Slave shall be whipt on the bare back with Forty Stripes, as aforesaid, and be likewise burnt with a hot Iron on the most visible part of the left Cheek near the Nose, with the Letter (T) by the Constable, as aforesaid; the which Constable shall receive for whipping of each Negro, Indian or Mallatto Slave five Shillings, and for burning each Negro, Indian or Mallatto Slave Ten Shillings, to be paid by the Master or Mistress of the said Slave; and in default of payment to be levyed by Warrant from any Justice of the Peace out of the goods of the said Master or Mistress; and that every Constable that shall neglect or refuse to do his Duty herein shall forfeit the Sum of Forty Shillings, to be levyed by Warrant of any Justice of the Peace, directed to whom he shall appoint, out of the Goods and Chattels of the said Constable.

And if any Negro, Indian or Mallatto Slave shall attempt by force or perswasion to Ravish or have carnal Knowledge of any White Woman, Maid or Child, and be thereof convicted by the Verdict of twelve Men of the Neighbourhood before two Justices of the Peace, one whereof to be of the Quorum, such Indian, Negro or Mallatto shall be Castrated at the care and Charge of his Master or Mistress, and the Negro to continue in Goal at the charge of his Mr. or Mrs. till Execution be performed.

[§6] And whereas the Baptizing of Slaves is thought by some to be a sufficient Reason to set them at Liberty; which being a groundless Opinion, and prejudicial to the Inhabitants of this Province, Be it further Enacted by the Authority aforesaid, That the Baptizing of any Negro, Indian or Mallatto Slave, shall not be any reason or cause for setting them, or any of them at Liberty; nor shall they nor any of them have or procure their or any of their Liberty by virtue thereof.

[§7] And be it Enacted by the Authority aforesaid, That all the Children that have been or shall be born in the Country of such Negro, Indian or Mallatto Slave as have been formerly, or may hereafter be set at Liberty, and all their Posterity shall be and are hereby forever after rendered incapable of purchasing or inheriting any Lands & Tenements within this Province.

[§8] And be it further Enacted by the Authority aforesaid, That any Person or Persons within this Province, who shall knowingly keep or entertain any Negro, Indian or Mallatto Slave in his or their House, or otherwise, for above the space of two hours, without their Mr. or Mrs leave, or some other reasonable cause or occasion, shall forfeit the sum of One Shilling for each hour, to the Mr. or Mrs. of such Slave, to be recovered before any one of her Majesties Justices of the Peace, in manner aforesaid; and if above 40s. then before the Court of Common Pleas, as aforesaid.