for so doing, or without incurring any penalty or forfeiture thereby.
Given under our hands and seals, this 12th of November, 1836. B. Coleman, J. P. [Seal.]
$200 Reward.—Ran away from the subscriber, about three years ago, a certain negro-man, named Ben, commonly known by the name of Ben Fox; also one other negro, by the name of Rigdon, who ran away on the 8th of this month.
I will give the reward of $100 for each of the above negroes, to be delivered to me, or confined in the jail of Lenoir or Jones County, or for the killing of them, so that I can see them.
Nov. 12; 1836 W. D. Cobb.
That this act was not a dead letter, also, was plainly implied in the protective act first quoted. If slaves were not, as a matter of fact, ever outlawed, why does the act formally recognize such a class?—"provided that this act shall not extend to the killing of any slave outlawed by any act of the assembly." This language sufficiently indicates the existence of the custom.
Further than this, the statute-book of 1821 contained two acts: the first of which provides that all masters in certain counties, who have had slaves killed in consequence of outlawry, shall have a claim on the treasury of the state for their value, unless cruel treatment of the slave be proved on the part of the master: the second act extends the benefits of the latter provision to all the counties in the state.[1]
Finally, there is evidence that this act of outlawry was executed so recently as the year 1850,—the year in which "Uncle Tom's Cabin" was written. See the following from the Wilmington Journal of December 13, 1850:
State of North Carolina, New Hanover County.—Whereas complaint upon oath hath this day been made to us, two of the justices of the peace for the said state and county aforesaid, by Guilford Horn, of Edgecombe County, that a certain male slave belonging to him, named Harry, a carpenter by trade, about forty years old, five feet five inches high, or thereabouts; yellow complexion; stout built; with a scar on his left leg (from the cut of an axe); has very thick lips; eyes deep sunk in his head; forehead very square; tolerably loud voice; has lost one or two of his upper teeth; and has a very dark spot on his jaw, supposed to be a mark,—hath absented himself from his master's service, and is supposed to be lurking about in this county, committing acts of felony or other misdeeds; these are, therefore, in the name of the state aforesaid, to command the said slave forthwith to surrender himself and return home to his said master; and we do hereby, by virtue of the act of assembly in such cases made and provided, intimate and declare that if the said slave Harry doth not surrender himself and return home immediately after the publication of these presents, that any person or persons may kill and destroy the said slave by such means as he or they may think fit, without accusation or impeachment of any crime or offence for so doing, and without incurring any penalty or forfeiture thereby.
Given under our hands and seals, this 29th day of June, 1850. James T. Miller, J. P. [Seal.]
One Hundred and Twenty-five Dollars Reward will be paid for the delivery of the said Harry to me at Tosnott Depot, Edgecombe County, or for his confinement in any jail in the state, so that I can get him; or One Hundred and Fifty Dollars will be given for his head.
He was lately heard from in Newbern, where ho called himself Henry Barnes (or Burns), and will be likely to continue the same name, or assume that of Copage or Farmer. He has a free mulatto woman for a wife, by the name of Sally Bozeman, who has lately removed to Wilmington, and lives in that part of the town called Texas, where he will likely be lurking.
Masters of vessels are particularly cautioned against harboring or concealing the said negro on board their vessels, as the full penalty of the law will be rigorously enforced.
June 29th, 1850.Guilford Horn.
There is an inkling of history and romance about the description of this same Harry, who is thus publicly set up to be killed in any way that any of the negro-hunters of the swamps may think the most piquant and enlivening. It seems he is a carpenter,—a powerfully made man, whose thews and sinews might be a profitable acquisition to himself. It appears also that he has a wife, and the advertiser intimates that possibly he may be caught prowling about somewhere in her vicinity. This indicates sagacity in the writer, certainly. Married men generally have a way of liking the society of their wives; and it strikes us, from what we know of the nature of carpenters hero in New England, that Harry was not peculiar in this respect. Let us further notice the portrait of Harry: "Eyes deep sunk in his head;—forehead very square." This picture reminds us of what a persecuting old ecclesiastic once said, in the days of the Port-Royalists, of a certain truculent abbess, who stood obstinately to a
- ↑ Be it further enacted, That when any slave shall be legally outlawed in any of the counties within mentioned, the owner of which shall reside in one of counties, and the said slave shall be killed in consequence of such outlawry, the value of such slave shall be ascertained by a jury which shall be empanelled at the succeeding court of the county where the said slave was killed, and a certificate of such valuation shall be given by the clerk of the court to the owner of said slave, who shall be entitled to receive two-thirds of such valuation from the sheriff of the county wherein the slave was killed. [Extended to othsr counties in 1797.—Potter, ch. 480, § 1.] now obsolete.
