Social and Behavioral Sciences E-Campus

H 101 - Lab Exercise: The Denmark Vesey Insurrection (1822)

Rules of Procedure

On September 18, 1822, the Intendent of Charleston informed the City Council of the confinement of several persons charged with an attempt to incite insurrection and recommended a Court be organized to conduct a trial and recommended also five freeholders to be appointed as members of the Court. The membership of the Court included:

The Court established the following rules of procedure for the conduct of the trial(s). The Court acknowledged that the law which applied to these cases was intended for "the government of a distinct class of persons" and that the rules of procedure would depart from common law principles. These regulations were adopted:

  1. No slave should be tried, except in the presence of his owner or counsel, and notice shall be given one day in advance of the trial;
  2. The testimony of one witness, unsupported by additional evidence, or by circumstances, should lead to no conviction of a capital nature;
  3. The witness should be confronted with the accused, and with each other, in every case, except where testimony was given under a solemn pledge that the names of the witnesses should not be divulged, as they declared in some instances, that they apprehended being murdered;
  4. The prisoners might be represented by counsel, whenever this was requested by the owners of the slaves, or by the prisoners themselves, if free;
  5. Statements or defences (sic) of the acccused should be heard, in every case, and they be permitted themselves to examine any witness they thought proper.
  6. The Court determined that the public should not be present at the trials of the slaves accused, but that owners, counsel and witnesses should be admitted.

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Revised: 6 November 1999