Moors Sundry Act of 1790
Encyclopedia
The Moors Sundry Act of 1790 was passed by South Carolina
legislature
, granting special status to the subjects of Sultan
of Morocco
, Mohammed ben Abdallah. It recognized Moors
as "white" people with Jury duty
as a privilege. Moors were not to be subjected to laws governing Blacks
and slaves.
was presented to the South Carolina House of Representatives
from a group of eight individuals who were subjects of the Moroccan emperor and residents of the colony. They desired that if they happened to commit any fault amenable to be brought to justice, that as subjects to a prince allied with the United States
through the Moroccan-American Treaty of Friendship
, they would be tried as citizens instead of under the Negro Act.
The Free Moors, Francis, Daniel, Hammond and Samuel petitioned on behalf of themselves and their wives Fatima, Flora, Sarah and Clarinda. They explained how some years ago while fighting in defense of their country, they and their wives were captured and made prisoners of war by the Portuguese. After this a certain Captain Clark had them delivered to him, promising they would be redeemed by the Moroccan
ambassador
residing in England
, and returned to their country. Instead, he transported them to South Carolina, and sold them for slaves. Since then, "by the greatest industry," they purchased freedom from their respective masters: They requested that as free born subjects of a Prince in alliance with the U.S., that they should not be considered subject to a State Law
(then in force) known as the negro law. If they be found guilty of any crime or misdemeanor
, they would receive a fair trial by lawful jury
. The matter was referred to a committee consisting of Justice Grimke, General Charles Pinckney
and Edward Rutledge
.
"They have Considered the same and are of opinion that no Law of this State can in its Construction or Operation apply to them, and that persons who were Subjects of the Emperor of Morocco being Free in this State are not triable by the Law for the better Ordering and Governing of Negroes and other Slaves."
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, granting special status to the subjects of Sultan
Sultan
Sultan is a title with several historical meanings. Originally, it was an Arabic language abstract noun meaning "strength", "authority", "rulership", and "dictatorship", derived from the masdar سلطة , meaning "authority" or "power". Later, it came to be used as the title of certain rulers who...
of Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
, Mohammed ben Abdallah. It recognized Moors
Moors
The description Moors has referred to several historic and modern populations of the Maghreb region who are predominately of Berber and Arab descent. They came to conquer and rule the Iberian Peninsula for nearly 800 years. At that time they were Muslim, although earlier the people had followed...
as "white" people with Jury duty
Jury duty
Jury duty is service as a juror in a legal proceeding. When a person is called for jury duty in the United States, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty...
as a privilege. Moors were not to be subjected to laws governing Blacks
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
and slaves.
Petition from Sundry Free Moors
On January 20, 1790, a petitionPetition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
was presented to the South Carolina House of Representatives
South Carolina House of Representatives
The South Carolina House of Representatives is the lower house of the South Carolina General Assembly, the upper house being the South Carolina Senate. It consists of 124 Representatives elected to two year terms at the same time as US Congressional elections...
from a group of eight individuals who were subjects of the Moroccan emperor and residents of the colony. They desired that if they happened to commit any fault amenable to be brought to justice, that as subjects to a prince allied with the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
through the Moroccan-American Treaty of Friendship
Moroccan-American Treaty of Friendship
In December 1777, Moroccan sultan Muhammad III included America in a list of countries to which Morocco’s ports were open. With that message to foreign consuls for communication to European capitals, Morocco became the first country whose head of state publicly recognized the new United States...
, they would be tried as citizens instead of under the Negro Act.
The Free Moors, Francis, Daniel, Hammond and Samuel petitioned on behalf of themselves and their wives Fatima, Flora, Sarah and Clarinda. They explained how some years ago while fighting in defense of their country, they and their wives were captured and made prisoners of war by the Portuguese. After this a certain Captain Clark had them delivered to him, promising they would be redeemed by the Moroccan
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
residing in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, and returned to their country. Instead, he transported them to South Carolina, and sold them for slaves. Since then, "by the greatest industry," they purchased freedom from their respective masters: They requested that as free born subjects of a Prince in alliance with the U.S., that they should not be considered subject to a State Law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
(then in force) known as the negro law. If they be found guilty of any crime or misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, they would receive a fair trial by lawful jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. The matter was referred to a committee consisting of Justice Grimke, General Charles Pinckney
Charles Pinckney
Charles Pinckney may refer to:* Colonel Charles Pinckney , South Carolina politician, loyal to British during Revolutionary War, father of Charles Pinckney, the governor...
and Edward Rutledge
Edward Rutledge
Edward Rutledge was an American politician and youngest signer of the United States Declaration of Independence. He later served as the 39th Governor of South Carolina.-Early years and career:...
.
Free Moors Petition: Ruling
Edward Rutledge reported from the committee referred to the Free Moors petition. The order for immediate consideration of the matter was read and agreed to as follows Vizt:"They have Considered the same and are of opinion that no Law of this State can in its Construction or Operation apply to them, and that persons who were Subjects of the Emperor of Morocco being Free in this State are not triable by the Law for the better Ordering and Governing of Negroes and other Slaves."