View source for Moors Sundry Act of 1790

{{Short description|1790 advisory resolution}}
The '''Moors Sundry Act of 1790''' was a granted petition ordered by [[South Carolina House of Representatives]], clarifying the status of free subjects of the [[Sultan of Morocco]], [[Mohammed ben Abdallah]]. The  resolution offered the opinion that free citizens of Morocco were not subject to laws governing [[Black people|blacks]] and [[slaves]].
==Petition from Sundry Free Moors==
On January 20, 1790, a petition was presented to the South Carolina House of Representatives from a group of four individuals who were subjects of the Moroccan emperor and residents of the state. 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 of 1740]].
The ''Free Moors'', Francis, Daniel, Hammond and Samuel petitioned on behalf of themselves and their wives Fatima, Flora, Sarah and Clarinda.<ref>''State Records of South Carolina''. Journals of the House of Representatives, 1789-90. Michael Stevens, Christine Allen: Pub. for SCDAH by USC Press: ©1984 SCDAH. pp. 363-64</ref> 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 an African king. After this a certain Captain Clark had them delivered to him, promising they would be redeemed by the [[Morocco|Moroccan]] ambassador residing in [[England]], and returned to their country. Instead, he transported them to South Carolina, and sold them for slaves in violation of the Moroccan treaty. 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 (United States)|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]].<ref>''Thomas Worth Glover Papers'', South Caroliniana Library, USC. Petition is from a copy probably made in the 19th century.</ref> The matter was referred to a committee consisting of Justice [[John Faucheraud Grimké]], General [[Charles Cotesworth Pinckney]] and [[Edward Rutledge]].
===Free Moors Petition: Committee report===
Edward Rutledge reported from the committee as ordered, on the petition on the same day and the House agreed to the report, which read as follows:
{{blockquote|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.<ref>''State Records of South Carolina''. Journals of the House of Representatives, 1789-90. Michael Stevens, Christine Allen: Pub. for SCDAH by USC Press: ©1984 SCDAH'House Journal. pp. 373-74</ref>}}
Because the petition was granted , it had the force of law because the Moroccan treaty articles stipulates that Moors were not to be enslaved.<ref>
{{Cite web|url=http://sciway3.net/clark/freemoors/journal.htm|title=The Petition of the Free Moors of South Carolina|website=sciway3.net|access-date=2018-02-16}}</ref> The report was later published in the Charleston City Gazette and the Charleston State Gazette of South Carolina.<ref>Charleston City Gazette, January 28, 1790, and the Charleston State Gazette of South Carolina, February 1 and 4, 1790.</ref>
==See also==
*[[Naturalization Act of 1790]]
*[[Sundry Moors Islamic Assembly]]
==Notes==
{{reflist}}
==References==
''State Records of South Carolina''. Journals of the House of Representatives, 1789-90. Michael Stevens, Christine Allen: Pub. for SCDAH by USC Press: ©1984 SCDAH 1st Ed. Pub. by [[University of South Carolina]] Press {{ISBN|0-87249-944-8}} (1511 words)
==External links==
*[http://sciway3.net/clark/freemoors/journal.htm Free Moors of South Carolina]
{{Authority control}}
[[Category:South Carolina law]]
[[Category:1790 in South Carolina]]
[[Category:Legal history of South Carolina]]
[[Category:Moroccan-American history]]
[[Category:Slavery in Morocco]]
[[Category:Race legislation in the United States]]
[[Category:1790 in American law]]
[[Category:18th-century Islam]]
[[Category:Morocco–United States relations]]