That there was an increasing disposition to resort to summary methods for the punishment of negroes during the period 1830–1860 has been shown in the evidence cited in Chapter IV; but so far as the infliction of summary capital punishment was concerned, that did not become a serious evil until the time of the Reconstruction of the Southern States. Comparatively few negroes were lynched until after the close of the War. It may be said, therefore, that while race prejudice and the crime of rape against white women both existed as causes for the summary treatment of negroes prior to the Civil War, both were held in check by the institution of slavery. It thus appears that throughout the period of slavery there was a greater reliance on legal procedure for the treatment of negroes accused of heinous offenses than has been manifest since that time; and not only did the institution of slavery directly bring about this greater reliance on legal procedure, by the suppression of the strongest incentives toward adopting summary and illegal procedure, but it made possible the enactment of special laws providing for a more expeditious trial and execution of sentence in the case of negro offenders. In the year 1740, South Carolina made the following provision for the trial of slaves: “And _whereas_, natural justice forbids that any person, of what condition soever, should be condemned unheard, and the order of civil government requires that for the due and equal administration of justice, some convenient method and form of trial should be established; _Be it therefore enacted_ by the authority aforesaid, That all crimes and offences which shall be committed by slaves in this Province, and for which capital punishment shall or lawfully may be inflicted, shall be heard, examined, tried, adjudged and finally determined by any two justices assigned to keep the peace, and any number of freeholders not less than three or more than five, in the county where the offences shall be committed, and who lives in the parts adjacent, and can be most conveniently assembled; either of which justices, on complaint made or information received of any such offence committed by a slave, shall commit the offender to the safe custody of the constable of the parish where such offence shall be committed, and shall without delay, by warrant under his hand and seal, call to his assistance and request any one of the nearest justices of the peace to associate with him, and shall, by the same warrant, summon such a number of the neighboring freeholders as aforesaid, to assemble and meet together with the said justices, at a certain day and place, not exceeding three days after the apprehending of such slave or slaves[263]; and the justices and freeholders being so assembled, shall cause the slave accused or charged, to be brought before them, and shall hear the accusation which shall be brought