Note 255 — Chapter VII · Lynch-law and its Justification

Section LVI of “An Act for the better Ordering and Governing Negroes and other Slaves in this Province,” dated the 10th day of May, 1740, reads as follows: “And whereas, several negroes did lately rise in rebellion, and did commit many barbarous murders at Stono and other parts adjacent thereto; and whereas, in suppressing the said rebels, several of them were killed and others taken alive and executed; and as the exigence and danger the inhabitants at that time were in and exposed to, would not admit of the formality of a legal trial of such rebellious negroes, but for their own security, the said inhabitants were obliged to put such negroes to immediate death; to prevent, therefore, any person or persons being questioned for any matter or thing done in the suppression or execution of the said rebellious negroes, as also any litigious suit, action, or prosecution that may be brought, sued or prosecuted or commenced against such person or persons for or concerning the same; Be it enacted by the authority aforesaid, That all and every act, matter and thing, had, done, committed and executed, in and about the suppressing and putting all and every the said negro and negroes to death, is and are hereby declared lawful, to all intents and purposes whatsoever, as fully and amply as if such rebellious negroes had undergone a formal trial and condemnation, notwithstanding any want of form or omission whatever in the trial of such negroes; and any law, usage or custom to the contrary thereof in any wise notwithstanding.”—“Statutes at Large of South Carolina” (edited by D. J. McCord, 1840), VII, 416–417.