Chapter XVI: 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.

Footnote 256:

Instances are recorded where Indians who had committed the crime of
rape on white females were legally dealt with. See “Records of the
Colony of the Massachusetts Bay in New England,” II, 23; “New Haven
Colonial Records” (Hoadly, 1858), p. 543; “Rhode Island Colonial
Records,” II, 420, 427, 428; “Records of the Court of Assistants of
the Colony of the Massachusetts Bay” (J. Noble, 1901), pp. 21–22;
“Plymouth Colony Records,” VI, 98.

Footnote 257:

_Niles’ Register_, Dec. 25, 1813 (5: 279).

Footnote 258:

_Niles’ Register_, Aug. 25, 1821 (20: 415–416).

Footnote 259:

_Niles’ Register_, June 8, 1822 (22: 238).

Footnote 260:

_Niles’ Register_, July 13, 1822 (22: 320).

Footnote 261:

_Niles’ Register_, Sept, 14, 1822 (23: 18). It was in the year 1741
that the thirteen blacks were burned at the stake in New York by
judicial decree.

Footnote 262:

Additional evidence has been given above in another connection. See