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Old 01-02-2012, 11:41 PM   #485
yaahl
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Quote:
Originally Posted by ECSN View Post
Still don't understand the terms, peered reviewed sources and primary sources. Youtube is not a primary source. Those links are editorials and opinions pieces.

Strange how back in 1740 in SC, there was a clear distinction between Indian and Negro, Mulatto and Mestizo. They even drew the difference of other Africans such as Egyptians, Moors and Asiatics.

Quote:
CHAPTER I.

The Status of the Negro, his Rights and Disabilities.

Section 1. The Act of 1740, sec. I, declares all negroes and
Indians, (free Indians in amity with this Government, negroes, mu- p. ^
lattoes and mestizoes, who now are free, excepted) to be slaves: "^^^^
the offspring to follow the condition of the mother: and that such
slaves are chattels personal.

Sec. 2. Under this provision it has been uniformly held, that color
is prima facie evidence, that the party bearing the color of a negro. Hard
mulatto or mestizo, is a slave : but the same prima facie result does ^^^
not follow from the Indian color. ^J^^

Sec. 3. Indians, and descendants of Indians are regarded as free
Indians, in amity with this government, until the contrary be shown. ^ ..
In the second proviso of sec. 1, of the Act of 1740, it is declared son
that " every negro, Indian, mulatto and mestizo is a slave unless 174.
the contrary can be made to appear" yet, in the same it is immedi- mon*
ately thereafter provided " the Indians in amity with this govern- Jg^l'
ment, excepted, in which case the burden of proof shall lie on the ^u^
defendant," that is, on the person claiming the Indian plaintiff to be
a slave. This latter clause of the proviso is now regarded as furnish-
ing the ruie< The race of slave Indians, or of Indians not in amity
to this government, (the State,) is extinct, and hence the previous
part of the proviso has no application.

Sec. 4. The term negro is confined to slave Africans, (the ancient ^J^'p,
Berbers) and their descendants. It does not embrace the free in- J?
habitants of Africa, such as the Egyptians, Moors, or the negro MUi.
Asiatics, such as the Lascars.
The Negro Law of South Carolina [microform] / collected and digested by John Belton O'Neall (1793-1865) Columbia : printed by John G. Bowman, 1848. 56 p. ; 23 cm.
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