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A Sketch of the Laws Relating to Slavery in the Several States of the United States of America (1827)

A Sketch of the Laws Relating to Slavery in the Several States of the United States of America (1827)

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/. 93 Market Street. STROUD. it PHILADELPHIA. No. BY GEORGE M. Ashmead? Printu 1827 .SKETCH OF THE LAWS RELATING TO SLAVERY IN THE SEVERAL STATES OF THE UNITED STATES OF AMERICA. PUBLISHED BY KIMBER AND SHARPLESS.

to ioit : w^ 3 A L. entitled.&quot. by mentary to an act. in the words following. Stroud. charts.. S. charts. to wit : Sketch of the Laws relating to Slavery in the several States of the United States of America. ESQ. the right whereof he claims as author. And also to the act. and etching historical and other prints. ^D.&quot. &quot. and books. An act for the encouragement of learning. and books. 1827. . of maps. Clerk of the Eastern District of Pennsylvania. of the said district hath deposited in this office the title of a book. by securing the copies of maps. STBOUB. that on the tenth day of October.An &quot. in the fifty-second year of the Independence of the United States of America. In conformity to the Act of the Congress of the United States entitled. &quot.Eastern District of Pennsylvania. engraving. A. D. to the authors and proprietors of such copies. By George M. to the authors and proprie securing the copies tors of such copies during the times therein mentioned. during the An act supple times therein mentioned. CALDWELL. entitled.&quot. act for the Encouragement of Learning. GEORGE M. and extending the benefits thereof to the arts of designing. BE IT REMEMBERED.

having by an act. by a code of laws en acted for the purpose by Congress. that. is the subject of the following which sheets. It happens. yet. Tennessee. given from their re congress. But few al terations have been made in the laws affecting the condition of slaves in either of the states the date of the just named. not pro denominated. never tolerated. Maryland. all which the title or object of this work requires. however. slavery. should in like manner be governed by the laws then in force in Maryland. South Carolina. and the other part. belong This comprises a particular examination of the laws of the states of Delaware. therefore. Georgia. having been abolished. North Carolina. in some. is District of Columbia. spective codes. which had been ceded by the state of Maryland. so far as it can be ascer tained from the laws of the several independent sovereignties to our confederacy. should be governed by the laws which were then in force in Virginia. a state. Virginia. in this connexion. dated February 27th. Alabama and Missouri. though. THE state of slavery in this country. the part of the Dis trict of Columbia which had been ceded to the United States by the state of Virginia. Louisiana. integrally. a cursory notice of a few of their laws. that body. deserves an equal share of attention. is not regulated. being applied in conformity with the distinction . Mississippi. since act of the quotations. from its important character perly in being exclusively within the jurisdiction of the Federal Go The vernment. and others.PREFACE. With respect to the re in maining states. 1801. chiefly important for the evidence which they furnish of the right of these states to the appellation of non-slave-holding . that this District in regard to slavery as well as many other topics. Kentucky. declared.

These. except within the District of Columbia and the territories not yet incorpor ated into the union. The laws of South Carolina have been drawn principally from a source entitled to equal consi Louisiana. On this point. of James Digest. Virginia. the-former. this work treats of the laws of North Carolina only. municipal. to work is stated. it was judged expedient. and though the first edition of this ter. 7 has been used for this purpose. recourse has been had to Hay&quot. in Griffith s Law Regis have been imperfectly executed and not to deserve much reliance. of each state. as well as for the larger por tion of those of Tennessee. are not numerous. I mean the Digest by Judge Brevard.IV by the act of congress. was until April 2d. &quot. when the separation took place. with but little hazard of error. Such provisions of the Constitution of the United States. have been added Several acts of congress. must depend. Georgia. Professedly. Mississippi. in most instances. have been cited. yet. deration. however. Maryland. included within the bounds of the former state. The laws of Delaware. the errors of the first have been cor rected and its defects supplied. from publications made under the express sanction of the seve ral legislatures of these states. The most approved code. may. wood s Manual. but little. Kentucky. was sought for. is restrained from the exercise of legislative functions on all subjects of a character exclusively work like the present. having been issued from the press in 1814. as states. and subject to its jurisdiction. mainly. it seems fair to presume that in this. This. exception can be justly taken. since from the peculiar relation which subsists between the Federal Government and the individual states. and. The value of a Alabama and Missouri. it became ne cessary to procure a work which would indicate the changes ef The second edition fected by the legislature since that period. a second one having been called for. as established might be in an fitly Appendix. the authenticity of its materials. as the territory which now composes Tennessee. how ever. will be found in serted there also. 1790. be received as the laws of the District of Columbia. introduced into this sketch. upon if any. For the laws of North Carolina. obtained. yet. to provide that .

to JAMES STEPHEN. in general. and those also which have been made by the state of Tennessee. intending to apprize the reader. under the name of Laws of Tennessee. of this latter state. BARCLAY as a reply to of Jamaica. 1790. STEPHEN. Fas esl ab Having been under the necessity of bringing together. chiefly. son of this with those employed by him. of the plan which has been observed. Tennessee should be classed with North Carolina. law of North Carolina. fered. and in some. I that many such alterations or repeals have been made. in this place. in most instances. I allude to the topic. the British West India. the prominent features of slavery in the British West Indies. ledging my obligation. applicable to slaves. I might also suggest as an additional reason. and sections into which this sketch has been divided. chapters will be found to correspond. By a copy. have. is also in force in Tennessee. which it I possess. pear that therefore. omitted to mention specifically. The rea will be evident. does not ap the laws. verbally. a particular but have given the date of such law. it must be ob- .&quot. The titles to the ly indebted for much valuable information. Legislative enact ments emanating from the territorial government which suc ceeded the cession by North Carolina. Colonies Delineated. has pursued the same arrangement. that MR. The Slavery of whose comprehensive work. until severally altered or repealed by by of competent legislative authority. I am also large to &quot. hoste doceri. in the work which he has published MR. and the chapter in which theymay be found. are referred to. In a treatise of no greater extent. un less the contrary be distinctly mentioned. and in our slave-holding states. substantially. than that which is here of thought unnecessary to speak.the laws of North Carolina should continue to be observed the citizens of Tennessee. when it is recollected that adoption. to avail myself of the opportunity which it affords. if passed before April 2d. it may be of London. of acknow in this respect. stating the year in which they were enacted. ESQ. and I could not hope to excel the model of so competent a master. the laws of so large a number of independent states. that in every citation of this kind. closely resemble each other.

might the more readily be understood. when same language. ly. I have. however. references to the other codes. were in the or. The words &quot. omitting such only. and less restrained by the precepts of man} who &quot. these are omitted. in a great degree. no doubt. where the members of the legisla tive departments are dependant for their places elections. this latter deduction is. there to fore.feeling power. The titles to of the different Digests render a perpetual repetition of being cited. and their propriety judg ed of. &quot. forget right. used a tran frome one code.&quot. Their condition will. and at whole. have added. preserving the appearance of symmetry in the As the best method of meeting this difficulty. take its complexion from the peculiar disposi tion of their respective masters. emphatically. therefore. the same time. I speak of the case of slaves generally. seemed me That the comments which I have offered on many of the laws. and as fur nishing. as were not essential to the perception of the legislative intent. in immediate connex script ion. successive substance but not in language. and giving to each its due effect.VI vious thai considerable difficulty existed in assigning to each part its proper place.nearly similar. and. such as slaves. the purpose of which. as a consideration which operates muchagainst as in favour of the slave: for it that there arc many persons but little cannot be denied. In many occasions. the provisions of different codes on the same point. strong evidence of the practical enjoyments laws may and privations of those whom they are designed to govern. where the popular voice so greatly in fluences all political concerns. the same in I have in general. the upon annual be safely regarded as constituting a faithful exposition of the sentiments of the people.&quot. the work from which it was taken. the names of the States. . and having noted. in almost every quotation which has been made. unnecessary. as was most commonly the case. given the exact words of the law. like those fress to treat. humanity. applicable. of these United States.similar. are sometimes interposed. Of the actual condition of slaves. To the condition of the passive members of the community. needs no explanation. controlled by feelings of religion. this sketch does not proIn representative republics.&quot.

But generally. CANNOT BUT BE STAMPED BY IT. says he. masters. and learn to imitate it. in his Notes on Virginia. &quot. AND THUS NURSED. Philadelphia. by MR. October Sth.&quot.Vll The very worst effects existence of slavery is calculated to produce the on the temper and morals of the masters. should always be a sufficient one it is not sufficient. the most boisterous passions the most unremitting despotism on the one part. the most decisive testimony is borne. 1827. for man is an imitative If a parent had no other motive. that his child is it present. WITH ODIOUS PECULIARITIES. . the child looks on. on the general treatment of slaves by their point. AND DAILY EXERCISED IN TYRANNY. either in his own animal. Our SON.&quot. catches the lineaments of wrath) puts on the same airs in the circle of smaller slaves. for restraining the intemperance of passion towards his slave. &quot. EDU CATED. JEFFER The whole commerce be is a perpetual exercise of tween master and slave. children see this. On this and indeed. philanthropy or his self-love. and degrading submissions on the other. gives a loose to his worst passions. The parent storms.

Toulmin s Di Digest.James* Digest. This is erroneous. 1 vol.&quot. and some. but not the page.%e slave-holders. .JBrevard s Digest. &c. are cited by their respec tive titles. some from &quot. must be made in ber 23d. Georgia are cited from &quot. The laws ference.ADVERTISEMENT.) from &quot. 2 vols. Code only marks the citation. and are cited. In describing the tribunal by which slaves are on criminal accusations.&quot.Purdon 1 vol. I have stated. .&quot..&quot. and freeholders.&quot. of several of the states. been&quot. of con rest upon that hypo sequence. 3 vols. In Virginia and Mississippi. the 1 vol. of consists of but three A justices THREE justices and nine freeholders. Revised Codes have been prepared. The Civil Code of Louisiana and the Code of Practice adopted in the same state. 1819. instead of the statement. 1 vol.Littell fy Swigert s Digest. corresponding alteration the reference. (as explained in the preface of this sketch. unless in some instances. the laws of Alabama from &quot.&quot. 1813. it should be.Martin s s Digest. line IQthfrom the lop. With respect to the laws of the other states. being contained in Digests? names of the compilers have heen generally Thus. Code. instead of Octo erroneous. the laws of South Carolina. and not the names of the states. .&quot.. as to these codes. the laws of given. 1 vol. as will appear. the laws of Louisiana.Hay wood s Manual. that the ordinary tribunal for the trial of slaves in Tennessee. and. the laws of North Caro lina as well as a portion of those of Tennessee. 1 38. from &quot. in Tennessee. Rev. Page 128. The date of the act of Tennessee. or alteration having. and the article and its number given. by an act of November in the law previously in force &amp. from &quot. is also It should be November 8th. this being the usual and most convenient mode of re gest. 3 vols. as the name of the state is used.. 1815. made Laws of Tennessee of 1819 9 rhnp. by the preface to this sketch. such an 9th. that this state was in the year 1793. no explanation necessary. Ren. where the name of the state is prefixed to the extract made^ and Rev. are inappropriate. in citing them. the laws of Pennsylvania from &quot. to the year 1816.gt. . is ERRATA. as stated in the text. the laws of Kentucky. a part of North Carolina. the remarks there made which Page tried thesis.&quot. Virg. &quot. Code and Miss. 121-2. in which the proper date of the separation is noted.Prince s Digest&quot. from &quot.

shall be slaves as their fathers were for the term of their lives. divers suits may arise. 30. AND UPON AUTHORITY THEY ARE SO HELD. WHO MAY WHAT THE design of this sketch being merely to furnish a connected view of the laws which relate to the institution of slavery as it exists among us.LAWS RELATING TO SLAVERY. The earliest law which I shall quote is taken from the laws It is an act of the year 1663. by which also. and the lan guage by which they are enunciated is sufficiently explicit to prevent any misapprehension of their meaning. and words: all negroes and other slaves to be hereafter imported into the &quot. in these of Maryland. forgetful of their free condition and to the disgrace of our nation. it would be supererogatory to enter upon a particular inquiry into ject to the reader. &quot. BE HELD AS SLAVES. and all children born of any negro or other slave. CHAPTER OF THE PERSONS I. I shall introduce the sub its origin. and upon what authority they by These propositions present but little are regarded as such. province. of the slave-holding states constitute the authority. touching the issue of 2 .&quot. chap. ascertaining what persons are included under the denomination of slaves. All negroes or other slaves within the province.And forasmuch as di vers free-born English women. Section 2. since positive enactments of the several legislatures difficulty. shall serve durante vita. do intermarry with negro slaves.

when (after in the state. of slaves must have been very species small. was adjudged that they were slaves their grandmo to a negro slave in the year 1681. Mary Butler vs. women. her descendants were and could not legally be retained as such. nition of the common law doctrine. * It is certain several such persons were held in absolute bondage until the the lapse of more than a century) it was finally decided year 1791. that the offspring follows the condition of the father: Second. contained an act of 1663. the recog &quot. for deterring such free-born women from from and such shameful matches.In land. for the purpose of repealing that of 1663. shall serve the master of such slave during the life of her husband and shall intermarry whatsoever free-born woman after the last . that all the issue of such free-born 7 be slaves as their FATHERS were. fyc. ther. At a former period. and as an act passed in 1681. shall This law is remarkable for two particulars: First. that for want of a conviction of the by the highest court of judicature not slaves. born English women who might come new The number of this offspring of such marriages consummated while the act was in force. vihite woman who originally violated the law.. Mam Henry s Reports. the lord proprietary met &quot. 371 to 385. so far as concerned the before the date of enslavement of the ivoman AND HER ISSUE.10 such women. See the case. 214 to 236. Case of William and Mary of the act of 1663. and a great damage doth befall the master of such negroes. partus sequitur patrem&quot. 2 Harris and in a case in which the parents of the same Mary Butler were plaintiffs and pe M titioners for freedom. express saving of the rights acquired under the the repealing act. and as the act had but a short duration. be it enacted. That with any slave. Maryland (Harris and M Henry s) Reports. the it Richard Boardman. and in 1681 he re- . it is not improbable that some of * their descendants arc at the present day in that condition. is here transcribed. for preservation whereof. in 1677 he returned to England. day of the present assembly. as serves to elucidate this anomalous portion of the history of slavery in Mary the year 1676. the pur auter vie slavery to which it subjected the white free- within its provisions. as these were made slaves for life. (1770) Craig. it is unnecessary With respect to the to take further notice of this branch of it. a white woman. so married. the assembly in person .. A statement of it one of the counsel for the petitioners in this latter case. having been married repeal 1 a short time prior to Sutler vs.

Indians. and confirming others. has continued to determine the fate of the child. This state ment.&quot. and his lordship interested himself in procuring the repeal. with him as a domestic servant. and the condition of the mother. for the &quot.&quot. This maxim of the ciple of slavery. in 1715. prevails universally among the slave-holding The law of South Carolina may be quoted as follows: All negroes. Act of 1681. obtained in the the year 1699 or 1700. and negroes. in which this doctrine was The doctrine of till &quot. The penalty is laid upon the masters.) and the clergyman and the woman are intended to be favoured. with many others. but. (and their offspring. 8. and all children now born or hereafter to be born of such negroes and Thus was slaves. (Eleanor Butler. from that day up to the present time. and the acts. The act of 1663 was repealed also. bringing Irish Nell&quot. and were also ried.&quot.&quot. mistresses. 4. civil law. intro &quot.) the fol lowing one was passed &quot.* when a general revision province of the laws took place. purpose of making slaves of them&quot. about fifteen years appears to have elapsed without any written law on this subject. to prevent persons from purchasing white women&quot. (chap. this province. certain laws in and the act of 1700. 44. and imposes a fine of ten thousand pounds of tobacco upon the master or mistress who should pro to the repealing act.An act for repealing . as they were both petitioners for freedom as the descendants of the same parent. were. (as servants) husband and wife) (a negro slave) &quot. &c. 22. who now are or shall hereafter be in this province. shall be slaves during their natural lives. &quot. the inasmuch as it places the slave genuine and degrading prin upon a level with states.&quot. 46. who are now free. An interval of recognised. ed by the preamble and cure or connive at the marriage. repealed. is confirm by the terms of the enacting clause for it sets free any such white servant woman. brute animals. chap. duced. chap. sect. * An act ascertaining the laws of See the act of 1699.) mulattoes or mestizos. entitled &quot. entitled this province. with a view to this particular case. &quot. 1 &quot.&quot. (free Indians in amity with this govern ment. the maxim of the civil law. though not very creditable to the early settlers of Maryland. excepted. &quot. mulattoes and mestizos. partus sequitur ventrem. and all their issue and offspring born or to turned to this province. In 1681 she marand the repealing law was passed in the month of August immediately after the marriage. : All negroes and other slaves already imported or hereafter to be imported into this province. also . grandmother of the petitioners. and marrying them to their slaves. who I presume were first cousins. chap.11 partus sequitur patrem&quot.

An instance of&quot.. furnishes the foUowing Among the tribes which are derived from an intermixture of the testimony: is &quot. . and Swi. 0/1823. &c. not free at the date of the law. kind occurred in an individual. Code of Virg.&quot. art. THEY ARE OFTEN FAIRER THAN THE See Ed wards West Indies. After these follow the The last are the quinte- who owe their origin to a white dation. produced from a white and a mulatto. 1149-50. .) another instance. upon a little reflection. By this law. of these to the remotest generation. or a mulatto. but not so near as to obliterate their origin. see 1 Rev. although the paternal ancestor at each successive genera tion may have been a subject of perpetual slavery. or of the lar in Georgia. shall be and they are hereby declared to be and remain and shall follow the condition mother. even in the remotest degree of distance from him or her. 229. who are only four removes from a negro ancestor. Dalby. which appears s The reporter statement is The plaintiff. are fact. Civ. the report of in 1 Dallas Rep.next to these are the tercerones. or a mestizo. and though this may I shall now quote . proceeding from a white and a terceron. &quot. (act of 1770) and in Mis and sissippi. Thus the quinterones. Act of 1740. are found to be undistinguishable from the Yet even these. in the year 1786. there being or features. (who was a slave. the first are the mulattoes. Don Anthonio de Ulloa. book 4. simi Prince s Dig. 2 Brevard s Digest. 1. NAY. In point of this sometimes almost. white free 7nan. and presented so pure a complexion. Revised Code of Mississippi. 183.&quot. 167. Pirate alias Belt vs. being the supposed issue of white and given in these words: mulatto parents. that the plaintiff was born in Maryland of an unmarried mulatto wo man&quot.12 be born. that a person whose complexion European may be legally retained as a slave. whose case underwent judicial investiga tion in the city of Philadelphia. This is the last gra between them and the whites. any person whose maternal ancestor. 446. that the attention of the Society (Abolition Society of Pennsylvania) was excited. (of 1 8 1 9 ) page 42 1 2 Litt. perceive the justness of this conclusion. attended the defendant to Philadelphia in the autumn of 1784. an Indian. either by colour or features. whites with the negroes. no visible difference and a quarteron. tercermes are deemed slaves with us. whose opinion is confirmed by that of Mr. if not entirely white. with some approximation to the former. Upon the trial it was given in evidence. &c. rones. for ever hereafter absolute slaves. of a most extraordinary character of white children the immediate offspring of a negro mother. is declared to be the This is a measure of cruelty* * Under this law it may frequently happen. Code of Louisiana. quarterones. and the descendants whites. can be shown to have been a negro. Edwards in his History of the West Indies. The well informed mind will. A competent judge of the subject. either in colour SPANIARDS. chap. page 369.

he of August 13. and especially in reliance upon the judg to whom the letter is addressed. in a letter to Professor Some James. the quadroons or mestizoes (so they call the secpnd and third degrees) are rarely seen in a state of slavery. expressly to ascertain the truth of these facts. person alleged to be a runaway slave. but by estab lished custom. (British West distance from a negro ancestor. &c. Indies. under the express make no apology for introducing it. belonging to Mr. of the University of Pennsylvania. South Carolina. time in the year 1815. yet. 2. illustrative of the general doc advertisement recently inserted in a news paper published thus described: bright mulatto in the city of Philadelphia. be looked upon as a lusus naturae. 182r. I have no hesitation in stating the above mentioned circum boys are stances as correct. Having. Allen. Trotti. the other a perfectly black female. taken for a white man. was delivered by a natural unassisted labour of three children. What the degree of distance of this per son from an African ancestor is. a very man named Washington Thomas. dated November 15th. life. From the character of the Journal from account has been taken. April 1826. of Barnwell. yet. as it proves incontestably that whites are now in slavery in one of our states. is still does not appear. the condition (of slavery) ceases by express law to attach upon the issue. . 1825. which this ment of the highly respectable gentleman page 466. two of them were white males.) the written law is silent on this head. I will I refer. &quot. admitting this supposition to be it would fortify the position. there is reason to believe has no precedent in any other civilized &quot. An subjoined. a negro woman. country. to the reproach of our republics. there is some thing (particularly the distance of time between the birth of the children and the date of the communication) which leaves room to doubt whether an impo sition has not been practised on the writer of the letter whether the white were not born of -white parents. is which &quot. The instance to thus related by Laurence J. I have treated the whole relation as substantially true. sanction of law. offers a reward of one hundred dollars for the apprehension of a &quot. to which no reasonable person would ex pect the general laws of society to be accommodated. who is Absconded from the subscriber on the 10th instant. No. yet. HE HAS SOMETIMES BEEN MISTAKEN FOR A WHITE MAN!!&quot. at the fourth degree of In other islands. An additional case may be here trine contained in this note. The two now alive and full grown for their age.IS and avarice which. &c. See The North American Medical and Surgical Journal. much In Jamaica. that our lawgivers should pay some re to colour for here are two white children who have been already in spect slavery more than ten years. visited the mother and children. I confess. and in all probability they will remain so during children correct. though more than once See Democratic Press claimed as a slave! ! . in company with other gentlemen.&quot.

Spanish and Portuguese colonies. that. that by way of inheritance. of a much more humane character than can can be found in the codes of our slave-holding states. in the Code Noir it is certain many provisions may be indicated. it recommended by its huma i.14 Stephen s Slavery of the British West India Colonies deline Edwards West Indies. and indeed the It has have just extracted. he shall not be obnoxious to the evils of slavery. the evils of would have prevented the tremendous augmentation of our which are daily more and more felt. spring follows the condition of is and. the con dition of the offspring depends upon the condition of the mother. A consequence of this latter rule is. . 21 . that an been permitted to retain their place in colonial jurisprudence. And. prevails there also. I am aware of a reply which may be given to these remarks. the offspring always followed the law. book 4. a& ated. none but negroes of the whole blood (except from the rare instances of a matrimonial alliance between always born a free not black and an abject negro slave) would be numbered among the victims of slavery! Every mulatto. e. it is fairly inferrible that a in the regulation equally favourable to freedom. I have not such information as will authorize an may deserve much reliance . while from mo so. the children are slaves whenever the mothers are But as to the child born out of wedlock. Had mate these two maxims of the common law. yet. would have been free it may have no claim to support it destiny. free. by custom. yet. 1. humanity and religion would have had cause to rejoice. chap. the Dutch. that the off illegiti the father. slavery is in all respects milder than in those of the British. declares. condition of \hc. inasmuch as it servile population. that whether born in or out law which I of wedlock. with respect to slavery among us. with a consistency strongly nity. at which. father: it has been also stated. opinion which been already incidentally noticed. that by the common the law of Villanage. ex ! woman a cept from the source just mentioned. if not by Of the French colonies and of express law. though superior to what may be avouched for the negro. on kindred topics. tives of public policy the common law prevents him from de riving any benefit from his parents. declares this principle in une quivocal terms.

By an act passed in the year 1679.&quot. that all ser soldiers taking them. says Judge Tucker. declared. In Virginia. and during the time in which these were in force. These acts. direct legislation may be cited to sanction their enslave it ment. and. acts cited in the text. See 1 Henning and Munfortfs Reports. it was declared. no mulatto would negroes only would be such. that this operated as till continued in force when an act having a repeal of the former acts. it was decided by the courts.&quot. mulattoes or INDI ANS. with all Indians whatsoever. but in one may their offspring at least. not being Christians. that this very encouragement to matrimony would. should be free purchase to the In 1682. crease of slaves. &quot. vants brought into this country. .&quot. or any other trafficking with us.) and all INDIANS which should thereafter be SOLD by neighbour ing Indians. and the de which you consider so important. speaking of the the year 1691. excite the surprise of some. be of vast moment. which is now common who ought It a separation of those tion of the parents of the same children to be strictly and legally husband and wife. whether negroes. was. sary only to encourage matrimony among slaves. on your principles. (what ought means to be lost sight of. from its moral effects.* Per Judge Tucker. furthermore. would in a great degree a separa avert the terrible calamity.15 It.) since while the parties to a by marriage contract are in full life. that what INDIAN PRISONERS should be taken in a war in which the colony was then engaged. authorizing a free and open trade for all persons.no enter into a similar contract with a third person. or what he conceives to be so. would not Without stopping to show that this view of the mat happen. (except Turks and Moors in amity with Great Britain. yet not only is incidental mention of them as slaves to be met with in the laws of most of the states of our confederacy. 1 been passed. ter is not altogether correct. for the better encouragement of soldiers. still it would be neces &quot. neither of them can lawfully &quot. &quot. &quot. as slaves. to discover Indians and comprised in the doom of perpetual slavery. at all times and at all places. the master s interest. should be SLAVES to all intents and purposes. in itself. be a slave True. in * &quot. The descendants of such Indians as were reduced to slavery under the sanction of the acts of 1679 and 1682. may be said. 139. Moors. it may be justly rejoined. (Virginia) by sea or land.

to and at the time of her removal. in South Caro slave. such FREE negro. in the year 1797.16 the case of Hudgins vs. Butt vs. sum of twenty shillings for ten pounds currency for the every succeeding day. previously &quot. 374 to 376. And. &c. The State Halstead s Reports. &quot. in the first place. whose maternal ancestors had not been reduced to till after 1691. although such Indian was a slave in the country (Jamaica) from which she had been brought. by which FREE negroes. court. Hill and in which cases the claim to freedom of at least twelve descendants of native slavery American Indians. 1 Henning and Munford-$ it Reports. &c. that they were classed with negroes and mulattoes. Rachel. Thus. and the overplus. first day. . shall not pay the same. or such free negro. 139. be paid for and applied towards the for feiture. &quot. the codes of the slave-holding states exhibit a 1 considerable number of enactments. &quot. shall may even at the present sions of the courts protect all others. to the owner. &c. lost their freedom. &c. &c. conceal or ENTERTAIN a runaway with any criminal matter. others. and in case And such forfeitures cannot be levied. 4 Munford s Reports. that a native American Indian brought into Virginia since the year 1691. together with the charges attending the prose cution. or a slave forfeit the lina. Pallas and others vs. declaring who shall be deemed slaves. if zfree negro harbour. Waggoner. was established. but &quot. if any. preme in the state of New Jersey. Wright. he shall charged &quot. No law was adduced to show the origination of such it appeared by several acts of assembly. and as useless to investigate the man ner in which they ORIGINALLY vs. In addition to the laws already cited. and the money arising by such sale shall. could not lawfully be held in slavery there. to establish a contrary doctrine at the present day. 209. have been so long recognised as slaves. Chief Justice Kinsey remarked. in our They (Indians) law. &c. as it would in the case of Africans. .&quot. one of which was as early as 1713-14. time be held as slaves in Virginia! But the deci The highest court of judicature has de ! cided.flMft was decided by the su Indians might be held as slaves. shall be ordered by the justice to be sold at public outcry. as slaves. See also. that it would be as great a violation of the rights of property a right. 149. are converted into absolute slaves. 2 Henning and Munford s Reports.&quot.

and be convicted thereof before two justices and Jive freeholders. is a forfeiture of ten pounds currency for the and twenty shillings currency for every day after. 390. They were severally indicted under the act of 1740. and the money arising from such sale be applied. it will be perceived that they agree be provided against. the pri soners having the aid of able counsel. act. Hannah Elliott. at the City Hall. for sixteen months first day. what might been anticipated. After a patient investigation of all the circumstances of the case. for slaves during life. 1827. and her sons Simon and Sam. who try such offender. and her children with having harboured them respectively. for the term of two years. being unable to satisfy the enormous penalties which had been imposed upon them. ten days after the trial. considered the whole of the 34th section of the act of 1740. NOT CHARGED the 20th December. in case the forfeiture cannot be levied on such free negro. legislature of South Carolina enacted a law in these words: mulatto or mestizo. be * I have. so far as concerns the offence of free negroes. be paid Newspapers of later dates confirm this statement. that the act of 1740. very recent pro ceeding in one of the judicial tribunals of that state. The penalty under the lic with the charges attending the prosecution. together with her daughter Judy. while they differ in in the description of the offence to 3 . Esq. But. The act also pro vides. justices By and freeholders. and James Digest. with having harboured these slaves. together each. in the first place. as the said fit. not extending to life or limb. 1821. is my justification for so A The subjoined extract from the Charleston Courier of the 13th August.A trial of much interest took place ou Saturday last. &c. for harbouring. WITH ANY CRIMINAL MATTER. were sold at public outcry. and two Freeholders. the property of a lady of this of which.17 paid by the said justice into the hands of the public trea 2 Brevard s Digest.&quot. the parties must be sold. doing-. act of 1740. the If any free negro. entertaining two female children. that the unhappy convicts. into the public treasury/ naturally have any. concealing or entertaining a runaway slave. concealed or entertained. The upon their trial were Hannah Elliott. in accordance with the provisions of the aforesaid act. before a court. if towards the forfeiture due to the owner. in harbouring. On slave. as the law of South Carolina at the present time. in the text. shall harbour. and the overplus. concealing. 237. at pub outcry. the extraordinary concealment and discovery short time since. page 20. 1821. details the proceeding to which reference is here made: &quot. and inform us. that. Justice of the Quorum. aged about six and nine years. conceal or entertain any fugitive or runaway is repealed. was mentioned a city. the court found them all guilty. parties put composed of John Michel. notwithstanding this decision of the Charleston court.* &c. shall in their discretion think See Acts of the Session of Dec. a free black woman. mulattoes or mestizoes. to the use of the owner of any slave so harboured. comparing these two acts together. surer. and sen tenced them. he shall suffer such corporeal punishment. as follows: &quot. I have no doubt.

the tribunal consists of one justice and two freeholders. other So. although words of express repeal are not used in the latter act. a confirmation of the bequests to these servants. can be is. made the following pathetic appeal to the legis I humbly and earnestly request of the legislature of lature of his native state &quot. that both acts are in force. the offender may be tried and punished twice a conclusion. own use. which has no exception in the laws of any civilized no man can be placed in peril of legal penalties more country. 335. in which case. I life. by emancipated five personal regard . having. only argument by which the position. he or she such right. as is stated in another section of the same act: and the act of 1821 expressly directs a tribunal composed of two justices andyfoe freeholders. in Virginia. Under the act of 1T40. two (a majority) members of the court. whom he appears to have entertained much : Virginia.&quot. JBy the former act. in consequence of this section. 525. with permission to remain in this state. Com. of which in the course of my thanks. If* any emancipated slave (infants excepted) shall remain within the state more than twelve months after his or And shall forfeit all her right to freedom shall have accrued. it has been shown above. however. 1 Bl. that &quot. can take place only where but one conviction is required. convert to his or her act of 1111. the old statute always giving place to the new. 256. On the suppo sition that both acts are in force. perty 2 Brevard s Digest. as to the tribunal before which offenders against the law are to be tried: secondly. it shall be lawful for any person whosoever to seize and &quot.&quot. 452. 89. yet by implication it repeals the former.&quot. can convict or acquit: according to the latter. The jnaintained. The provisions of the two acts are therefore manifestly inconsist ent with each other.18 in case any slave shall be emancipated or set free. Com. &quot. and may be apprehended and sold two important particulars: first. slaves. And see Hayward s Manual. that two are necessary according to these acts. wise than according to the act (of 1800) regulating emancipa tions. where their families and connexions are. where both cannot stand together. for his last will. * The late President Jefferson. 1 Ckitty s Criminal Law. This. whereas. than once upon the same accusation. that the penalties are cumulative. four are necessary for either purpose. and for which have received so many other manifestations 1 now give them my solemn and dutiful . inasmuch as two distinct tribunals for trial are appointed. and to keep as his or her pro the said slave so illegally emancipated or set free. which is forbidden by a principle for one and the same offence of criminal jurisprudence. in the punishment to be inflicted on conviction. 4 Bla. as an additional instance of the favour. namely.

13.19 by the overseers of the poor. the condemnation under laws of several of the slave-holding this purpose. chap. Digest. shall become servants for seven years. to 1808&quot. 465. (December 19. to our country. it is thought. negro or mulatto woman. mulattoes. 20. liable to be and not having the ability* to show himself dom. a subsequent chapter. Before quitting this chapter.&quot. he. &c. 1807.) a penalty of a of one hundred dollars is incurred by any free person of fine colour. (growing out of slavery. It originated most probably in the province of Maryland. sions: entitled to free slave. except mulattoes born of white women. and will be readily apprehended from the subjoined extract from the act of that province in 1663. it may not be amiss to notice cursorily. made specifically for into the United States brought states. may be sold. . Another copious source of slavery. of natives of Africa. by order of the court. I Rev. &c. a species of SERVITUDE. when I come to treat of the exclusion of negroes.) for coming into the state. 5. excepted. &c. &c.) which is peculiar. &c. chap. (chap. from and &quot. 1818. &c. Code. (Indians in amity with the state. where the interest of white persons is in question. an act of Georgia. See the Appendix. I shall defer the consi deration of. Missis Maryland. and see 467. she or they shall be &quot. Code. arriving in any ship. Prince s sold by public outcry as a slave.) adopted these provi If any free negro or mulatto intermarry with any white woman.&quot. as a sippi Rev. 436. who.All the ISSUE of English * The extreme hardship of this law will be seen. 389. and upon failure to pay the same within the time prescribed in the sentence. as witnesses. sect. every negro or mulatto found within the state. An after the first day of January. for the benefit of THE LITE RARY FUND!!&quot. and regularly articled By seamen. &c. or if any white man shall intermarry with any &quot. in violation of the act of congress of March 2. such negro or mulatto shall become a slave during life. sect. In Mississippi. 3: &quot. &c. 2. in 1717. entitled act to prohibit the importation of slaves.

44. has inadvertently stated.* and provision shortly after itself to the general assembly of Pennsyl &quot. chap. entitled In 1741. it was founded. it became groes in this province. with an extension of one year to the period of servi tude fixed by the old law. as also in Tennessee. may be the law of is Carolina. . is as is declared in the act of 1796. been accordingly abolished.&quot. &quot. 18. sect. sect. that of the and the principles contrary to the dictates of humanity to inflict personal penalties on children for Christian &quot. 14. it is necessary to add. the authority upon which 1 Dallas Reports.20 or other free-born shall serve the women. sect.&quot. or 1700. that usage was See Respublica vs. and no longer. that have already married negroes? master of their parents till they be thirty years This act having been annulled in 1699 of age. which gave rise to Judge Rush. 1725-6. it With respect to presumed to be in force at the present time. was revived in principle by the act of 1715. chiefly because the late sylvania. 26. that the progressive light North nearly a century and a half has at length enabled her to discover. of Maryland. 67. where. chap. 24. The same found incorporated in an act passed March An act for the better regulating of ne 5th. wards recommended vania. and this species of servitude has. have been careful to note with particularity the act of assembly of Penn this species of servitude. 475. the offence of their in that state. * I parents. Negro Betsey et al.it religion. chap.

They had no head in the state. for before the fall of the Roman empire. and as such they were esteemed: they might be tortured for evidence: punished at the discretion of their lord. &quot. as containing the true principles of the institution. OP THE INCIDENTS OF SLAVERY. The except where. It will be proper.&quot. transferred or pawned as goods or mony. Afterwards. Taylor s which have acquired the force of law. Elements of the Civil Law. chase or descent: they had no heirs.&quot. This description is to be taken as applicable to the condition of slaves at an early period of the Roman history. modified by statute or by usages is generally referred to in the slave-holding states. and personal estate. but of quasi-cognation only: they could be sold. no name. therefore. those which of the slave as a member of civil society will be dis civil law. I use Dr. several important changes had been . legal incidents of slavery. but were excluded from all civil concerns whatever: they could not claim the indulgence of absence reipublicse causa: they were not entitled to the rights and considerations of matri therefore had no relief in case of adultery: nor were they proper objects of cognation or affinity. the relation treat This will comprehend such laws only as concern of master and slave. title or register: they were not capable of being injured: nor could they take by pur &quot. Slaves. in the first treat of the laws which regard the slave place. cussed. page 429. for goods they were. says he. as property. or even put to death by his authority. to give an abstract of its leading doctrines. were held pro nullis: pro mortuis: pro quadrupedibus. and therefore could make no will : exclusive of what was called their peculium^ whatever they acquired was their master s: they could not plead nor be pleaded for. for which purpose. I will. WITH the present chapter I propose to begin an examination of the nature and And in doing so.21 CHAPTER II.

&quot.22 introduced favourable to the slave.&quot. sicariis. Cooper s Justinian. The emperor Adrian prohibited generally cruel treatment towards slaves. if in any re better than was that of the Roman slave under the civil spect. for five years. and he banished Umbricia. as none of these respect to the other slave-holding states. Slaves might always induce an investigation by of the princes. the successor of Caligula. specifically to the masters of slaves. 173. a limitation seems to be contemplated by the following article: will of his master. nor acquire any thing but what must belong to his master. a lady of quality. or so as to maim or mutilate him. was restrained by Claudius. subject to the &quot. the lex Cornelia de sicariis.* atrocissime Antoninus Pius applied tractasset. or to expose him to the danger of loss of life. Civil Code. Ibid. the killing of a slave became punishable. Nevertheless. Ibid. By the lex Cornelia de 488. is but little. or to cause his death. . is may A slave is one who According to the law of Louisiana. and the same law was strengthened by Severus and by Constantine. enunciations of such a gene have adopted entire written codes. Digs Justinian. ral nature. The slave is entirely correct and chastise who may him. \ cardinal principle of slavery. dispose of his person. 412. so far as the latu may be invoked in his behalf. Ibid. are not to be expected. the that the slave is not to be ranked * Because for very slight causes she had treated her female slaves very cruelly. The jus vita3 et necis claimed by the Cooper master. 35. or can_by strated hereafter. sell him. Yet. his industry and his labour: &quot. 411. he can do nothing. law. quod ex levissimis causis suas ancillas. possess nothing. The master in the power of a master to whom he belongs. as are exhibited in the quotations just made from the With law of Louisiana. in our slave-holding states. flying to the statues I believe it will be found upon a close comparison. as will be fully demon no such limitation actually exists. though not with unusual rigour. art. As to the master s power to punish his slave. that the condition of the slave. *ftrt.

such as SLAVES. the harsh features of slavery were six one thousand ordered by In Massachusetts colony. The slave was the property of the master. 12. 1806. &quot. the court. they are con sidered real estate. liable as chattels to be sold by the master at his pleasure. and they shall be seized and sold as real estate. No. If the master was guilty of a cruel or unreasonable castigation of his slave.&quot. Art.&quot. Hatfield. They are. have the villenage or captivity among us. but among things* pro a chattel personalobtains as undoubted law in all of In South Carolina it is expressed in the following Slaves shall be deemed. 2 Litt. 612. 461. may be collected from an opinion delivered 4 Mass. chap. sold. and probably in the whole country which New England. Chap. stock. he was liable to be punished for the breach of the peace. and such shall and CHRISTIAN usage which the law of GOD ESTABLISHED IN require. AND &quot.&quot. sect. is presented in an act of Maryland. 2. sidered real estate. reputed and language: adjudged in law to be chattels personal^ in the hands of their &quot. ture. 127-8. ISRAEL concerning such persons doth morally Liberties this See General Laws and of Massachusetts Bay. however. furni it shall deem it advantageous for civil the ward. yet letter. subject to his or ders. and see 1247. so early as in the year of our Lord It is hundred and forty-one. &c. Tinder these regu- . Rep. books. That the law was not a dead we have &quot. CI. the slave was allowed to demand surein the case of Winchenden vs. if WORKING BEASTS. shall be. of 1798. so FORTH. : this court and the authority thereof. plate. Code. And code. (act of 1705) similar to that of Kentucky. 1 Martin s Digest. is an article of beings. may be taken in execution for the payment of A law it once obtained in Virginia. unless it be lawful captives taken in just war. was repealed after a short experiment. and. ties of the peace against a violent and barbarous master. by Chief Justice Par was introduced into this country soon after its first settlement. Slaves though moveable by their nature. may at any time pass an order for the sale thereof. as such.&quot. and pass in consequence to heirs and not to executors. I believe. (such) as willingly sell liberties themselves or are sold to us. ANIMALS OF ANY KIND. * articles. The following is the language of this enlight ened state: In case the personal property of a ward shall consist of specific &quot. Slavery. Ibid. says he.&quot. In Massachusetts and Connecticut. by the law of descents.23 among sentient perty these states. 1155. says the f In Louisiana. the following law was made &quot. the authority which &quot. but note to 1 Rev. subject to be mortgaged. meaning is sufficiently palpable.&quot. 12. according to the rules prescribed by law. Slaves shall always be reputed and con by act of assembly of June 7. See used to bear the name of never known. considered as immoveable by the operation of law. and to reasonable correction for misbehaviour. sons. and his debts. 12.are &quot. And in Kentucky. Digest. 432. taken. An apt illustration of this doctrine. that there shall never be any bond slavery. &c. Though the phraseology of law savour more of Hibernia than is supposed to be common to New Eng its land. and Sui. ch.

2 Brev. I will. I shall subjoin. that a slave shall be deemed a Viewing the language. in an action for beating or wounding. the treatment of slaves was in general mild and humane. 446. If the master should take away such property. &?c.&quot. 229 Prince s Digest. far the existing state of slavery. it is whatsoever. and the slave is a servant for life. And : holding property. to all intents. appropriate for the purpose consonant with an inflexible principle of their acknowledged law. in distinct propositions.&quot. The master was as liable to be sued by the immoderate chastisement. of the law-makers in framing this section was merely to declare of what nature whether real or personal estate slaves as pro that account the less perty should be regarded. constructions and purposes whatsoever. by his prochein ami (next friend. as is that plain which is tolerated by the laws of any civilized country in rela constructions and purposes 77 tion to brute animals civil law. however. and that the difference betwixt them was this: an apprentice is a servant for time.24 owners and possessors. to . he was liable to the same pun trol over the life of his slave. mention some things. and they suf servants. must guage now be uninteresting. his slave would be entitled to an action against him. and to enable the reader to arrive at a proper conclusion without difficulty. to use the words of the How and tablished protected. lest the slavery which prevailed in this state should be forgotten. And in order to simplify the inquiry. &quot. as heretofore practised in this state. to quadrupeds.gt. rigid kind. chattel personal in the hands of his owner. fyc. &quot. Dig. fered hardships not greater than hired Judge Reeve. that the dominion of the master is as unlimited.) From the whole we see. in Connecticut. administrators and all intent assigns. as by law es conform to this deduction. that slaves had the same right of life and property as apprentices. slave. what will be found to be corollaries lations. fyc. ishment as if he killed a freeman. Absolute des of power than potism needs not a more comprehensive grant And though the particular design that which is here conferred. holds this lan The law. s&amp. and their executors. . Reeve s Law of Barm tf Femme. that show that slavery here was very far from being of the absolute. or for A slave was capable of as he would be if he had thus treated an apprentice. The master had no con If he killed him. speaking of slavery there. in character of devisee or legatee. 340-1. yet it is not on It is strictly to which I apply it. in this light. will may best appear by a more minute investigation of the subject. respecting slaves.

The master may determine subjected. if injured by third persons. or mortgaged or leased. inflict any pun ishment upon the person of his slave. both as to quantity and quality * as he may think proper. to their masters. though cruel treatment may change have rendered such change necessary for their personal safety. IV. is at all times to be sold absolutely. to which the slave shall be II. Prop. and recover XL Slaves can is damages. for the injury.25 from the act of them. exercised not real or personal. by himself only in person. All the power of the master over his slave may be III. but whatever they may acquire belongs. any V. VIII. Slaves being objects of property. The master may. any species of action. X. XII. make no contract. the kind. and degree. I. A in slave cannot be a party before a judicial tribunal. but by one whom he may depute as his agent. in connexion with each of may be specifically applicable will be quoted. and time of labour. Slaves have no legal rights of property in things. IX Slaves cannot redeem themselves. hereditary and perpetual. at his discretion. at the suit of cre ditors or legatees. such laws as South Carolina. no matter how atrocious may have been the injury received from him. Slavery 4 . against his master. or find convenient. The slave being a personal chattel. The master may supply the slave with such food and clothing only. nor obtain a of masters. or the debts and bequests of a deceased master. liable VII. He may also be sold by process of law for the satis faction of the debts of a living. and. at the will of his master. VI. and their just bearing indicated. in point of law. their owners may bring suit.

efficacy. by unnecessary or excessive whip by withholding proper food and sustenance. every such owner or owners shall. from shall * Beat is the word used in Prince s which the citation is made. commonly called Sunday. So in Mississippi. AND TIME OF LABOUR. are corol Prop.should he substituted. whereupon it shall be the duty of the attorney or solicitor gene ral to prosecute said owner or owners. these exceptions &quot. is always to be taken as an implication that it exists as is therein stated. South Caro with what lina. employ any slave in any work or labour. the law is silent on this There can be no doubt. Prince s Digest. Act of June 13. she or they shall so cause Act of May 10. by not affording proper clothing. is as follows: any person shall on the Lord s day. recollected. In most of the slave-holding states. Louisiana and Mississippi. the remark may be made. that the absence of a legislative change as to the law of the proposition.) every person so offending shall forfeit and pay the If sum of ten shillings to work or labour. therefore. furnish exceptions One of will be shown in the succeeding observations. As to the silence of the law. 66 Any owner or owners of a slave or slaves. who. mated. that it is given correctly in the terms of the proposition. be by said grand jury presented. I. GREE. AND DE . ping. as I have just inti topic. laries For the propositions.26 Preparatively to the separate discussion of the above propo sitions. 1770. 455. Code. 1822. for &quot. Digest. whereby the health of such slave or slaves may be injured and impaired. TO WHICH THE SLAVE SHALL BE SUBJECTED. the codes of Georgia. it will be from the express general law. as applicable to each. 317. who shall cruelly beat* such slave or slaves. (works of ab solute necessity. Rev. . To make sense. and the necessary occasions of the family only excepted. every slave he. by requiring greater labour from such slave or slaves than he or she or they are able to perform. treat . on conviction. under a penalty of two dollars. THE MASTER MAY DETERMINE THE KIND. upon sufficient information being laid before the grand jury.

He will. employed on the Sabbath. But. i. 376 (act of 1817. and which comes within the scope of the The requiring proposition under present consideration. she or they greater &quot. or both. labour from such slave or slaves than he. then. obey the dictate of com mon prudence. such a con circum struction. that the testimony of a white man only can be pro duced against him. . e. unfortunately for the oppressed. and issue his commands to the slave in the absence of a white man. By way of illustration. It may be assumed that the mas ordinary ter is apprised of the prohibition of the law. For it any yields the slave. promised good&quot. is almost. well too. by the com mand of his master. at the dis s Digest. must be a dead benefit it It manner can the law be enforced? can serve no valuable end. &quot. suppose a slave. legislation. CANNOT BE RECEIVED AGAINST It is scarcely necessary to add another the allegation. He knows equally punishment. however. without doubt. THAT THE TESTIMONY OP A COLOURED WHETHER BOND OR FREE. are able to perform.) of these laws. in the labours of the field. The same objections apply to the clause in the second section which has been cited. of course. is to afford protection to The ostensible design the slave. every man possesses. requires that all the illegal stances enumerated in the section should exist at the same time. if (to particular attention will he hereafter given. and through terror of his displeasure and is discovered. How. the difficulty in effecting a con viction is increased.27 be sentenced to pay a cretion of the court. fine. can he be convicted of this offence It ? or in what letter. that these laws of Georgia A WHITE PERSON!!! word to substantiate ought to be considered entirely and unqualifiedly nugatory. inflexible It is an and not altogether universal rule of slave law. for this purpose. a fact Prince single proves that the illusory. &quot. might as well not have been passed.) founded in one or two states upon usage. Indeed. inasmuch as the charge is by the law of a criminal nature every thing must therefore be strictly proved the law itself must be construed strictly and. in others sanctioned which more by express PERSON. or be imprisoned. a sufficient share of which.&quot.

July 7. from the twenty- day of March to the twenty-fifth day of September. 2 Brevard s Digest. or other person who shall any fifth slaves.&quot. to wit: winter. in addition to the enacting part of the section. when the labour of the slave was probably of much Whereas many present time. from the first day of day of November. from the twenty-fifth day of September to the twenty -fifth day of March. or more than fourteen hours in twenty-four hours. who is not in some degree acquainted with slave laws.28 and be proved against the master. she or shall offend herein. is too. the preamble. since it serves to evidence the abuse which obtained in this particular. which will strike made penal bour. management. There is an omission The cruelty of the owner only. I copy. one hour and a half for dinner: Provided. however. they shall be allowed two dinner. management and overseeing of slaves. do confine them. There is an obscurity and confusion in the penning of this every one with surprise. and others who have the care. current money. in the section. the old usages of the territory The slaves shall be allowed half an hour for breakfast to the first May hours for first clay during the whole year. contains the following language as restrictive of the master s power in the exaction of labour from the slave. the subjoined act was passed. at a very early period. That the owners who will themselves take the trouble . to constitute the single crime of cruelty to the slave. which deserves notice. owners of slaves. law. As In Louisiana. 1806. which are to be assigned to slaves in shall summer and be adhered to. or overseeing of work or put any such slave or slaves to labour in more than fifteen hours twenty-four hours. for the hours of work and rest. while the exaction of too much -la by the overseer or agent) is not provided against. shall have the care. 243. &c. nor under pounds. at the discretion of the justice before they whom the complaint shall be made. labour. every such person shall forfeit any sum not exceeding twenty pounds. that they have not sufficient time for natural rest: Be it therefore enacted. so closely to hard less value than it is at the &quot. The negro act of South Carolina) passed in 1740. and from the first day of November to the of May. That if any owner of slaves. for every time he. five &quot.

exact graduation is not easily attainable. Rev. in reference to the employ at hard labour. without doubt. 610-12. o24. happily. ibid. book 4. Nov. and likely to be destructive to bodily energy? In a mat ter of this nature. shall be many. chap. 138. Code? ber. ^-suppose it to be religiously observed. it is in my power here serving of our attention. ten hours a day is the extent of the is time which the slave 2 Edward s West Indies. The ment of convicts regulations of penitentiaries. from such data as I have been able to collect. 30. yet. revised andpublished . See compelled ordinarily to work. will permit. but not exceeding eight hours in the months of November. viz. with an interval of half an hour for breakfast and an hour for dinner. above cited. is not the measure as to the length of time (for. bear with equal force upon those of South Carolina and Louisiana. In the island of Jamaica. and they are hereby authorized to abridge.&quot. 1 Martin s Digest. shall be by ill health. to adduce the authority of at least three slave-holding states. Maryland. and the hours of work. besides many holidays which are by law accorded to the slave. Sess. by half an hour per day ? the time fixed for their rest. The remarks which were made. Virginia. be. and it would be futile to make any) exces sive. as regards the kind or degree of labour no regulation exists. nine hours in the months of February and Octo 1 Virg. 382. 5. December as and January. Consolidated Slave Jlcl of Jamaica. employed in work every day in the year and such days when they shall be confined in except Sundays. ch. give in way to the cupidity of the master. section 18. arid ten hours in the rest of the year. as the season of the year. book 4. I think judging myself authorized in the conclusion that too much is permitted. 1809. the solitary cells. furnish additional criteria de And. In each of these states this law has been adopted: Such offenders (convicts) unless prevented &quot. in relation to the laws of Georgia. Prince s Digest. They are wholly inoperative capable of being executed and must. Laws of Maryland. and Georgia. whenever circumstances excite But to speak of the law of South Carolina the passion for gain. Also. in conjunction with that of Pennsylvania and New Jersey.29 ot causing to be prepared the meals of their slaves. in each day. Appendix. Laws of New Jersey.

March 23. No. is left to the And judging from our knowledge of the master s pleasure. the a law professing to extend humanity towards him. will tend in some measure to confirm this remark. when the pro cess of making sugar is commenced. whether at sunset or at midnight. Prop. that the going down of the sun is by no And let it not signal of repose to the weary slave.page326. (the editor of which is by no means tained in &quot. for his meals!! SUPPLY THE SLAVE WITH SUCH FOOD AND CLOTHING ONLY. I believe. under chiefly of HARD LABOUR.) Hence it appears. is under the necessity of preparing food II. in this found without melioration. the condition of the slave. will be purpose of the act turn to Louisiana. AS HE MAY THINK PROPER OR FIND CONVENIENT. The words are these: To judge from St. and cotton raised and pressed. Pur don s Digest of the Laws of Pennsyl vania. the only rest which it provides is half an hour at At what time a third meal breakfast and two hours for dinner. mode in which sugar is made. con The Western Review. dated New Orleans. &quot.&quot. (slaves) requiring. the cotton trade was never more brisk. 1826. TO BE PRESSED NIGHT AND DAT.&quot. and which has been adopted since by four other distinct bodies of same nature. For though the not too much to say. is to be taken.* be forgotten. that according to a statute which was en acted upon the most solemn deliberation by one legislature. * THE MASTER MAY An extract from a Louisiana newspaper. is declared to be what hours are to be assigned to the slave for work and REST. which can be demanded for labour from convicted felons. The work (sugar unfavourable to slavery. 1790.) the following statement appears: making) is admitted to be severe for the hands.30 znl&2l. . it to ascertain is particular. In an article on the agriculture of Louisiana. page 324 (act ofrfpril 5. Sugar making is. may be sub toil for FIFTEEN HOURS within the same jected to unremitting ! period If ! we which I have transcribed. and the the activity reigning in the cotton presses of the suburbs of late hours during which their slaves work. whose PUNISHMENT was designed to consist Yet the slave of South Carolina. BOTH AS TO QUANTITY AND QUALI TY. generally more laborious than the cultivation of cotton. that the slave within the short time allotted for means the rest. Mary. 2. ten hours make up the longest space out of twenty-four hours.&quot.

appear to have been clothed and fed according to is to say. under a penalty of a fine of ten dollars for every offence. apparent object of these laws may might.&quot. The allowance graduated by of clothing in Louisiana.&quot. cattle. Every owner shall be held to give to his slaves the quantity of provisions hereafter specified. 1753. such injured per son shall and may maintain an action of trespass against the master. seems to have been the same standard by which the quantity of food &quot. Hay wood s Manual. that sufficiently clothed. and a pint of said slaves in salt. 610. The slave who shall not was determined in North Carolina. ceding year shall be convicted of stealing any corn. therefore. Thus in Louisiana. or make complaint I any known mode against his master. &c. may be quoted from the codes of Louisiana and of North and South Carolina. less quantity of the same kind of food &quot. as is implied from the following curious section of an act passed in In case any slave or slaves. . having proposition. and a linen shirt and coat and pantaloons for the winter. a much Digest. from any person not the owner of such slave or slaves. spare myself any further attention to this proposition. or the equivalent thereof in rice. I think fit to copy the authentic testimony of acts of assembly. to wit: one barrel of Indian corn. to have been and to have constantly received for the pre an allowance not less than a quart of corn per day. as to the quantity and quality of food which are directed to be provided for slaves. owner or possessor of such slave. 524-5. act of July 7. and shall recover his or her damages.31 a direct reference to the subject of this Legislation. 1806. and never in money. shall be entitled to receive from said owner one linen shirt and pantaloons (line chemise et une culotte woollen great tie toile) for the summer. for the information of those who have not resided in a slave state. have on the property of their owners a lot of ground to cultivate on their own account. and which is still in force: who shall not the intent and meaning of this act. 610. and to deliver the same to the kind every month. beans or other grain.&quot. But. &c. I Martin s Digest. the always be defeated. is deemed sufficient. as the slave is entirely under the unprovided with a protector in and espe he cannot be a witness. 1 Martin s In North Carolina. &quot. &c. control of his master cially as is Still. &e.

as the slave cannot be heard as a witness.In case any person. be done to the humanity of the lawgivers may of South Carolina. for the relief of such slave or slaves. government or of any slave or slaves. full justice That to give redress to the injured slave: &quot. by his oath. as he in his discretion shall think fit. it shall and may be lawful for any person or persons. or who shall have the care. shall deny. &c. as pass. for each offence. I extract a section of the law which professes him a sufficiency of either. in any sum not exceeding twenty pounds. 1 Martin s Dig. and. it is not very sale of the offender s goods. similar in Louisiana. experience com The by which It will be seen. Now. such justice shall and may make such orders upon the same. and shall inquire of. 241. act of Georgia remains to be considered. &c. or are usually employed. may the general charge by as general a denial all exculpate himself may answer a matter which an testifies. to the latter section of the law of this state. and shall and may set and impose a fine or penalty on any person who shall offend in the premises. easy to see how positive proof as to the insufficiency of food can be obtained. 638-40. &c. be owner. by the terms of the act. which such person shall be at liberty to do in all cases where positive proof is not given of the offence. and. on behalf of such slave or slaves. current money. the master or overseer. neglect or refuse to charge allow such slave or slaves under his or her charge sufficient shall who clothing. by his or her own oath.32 The other slave-holding states do not pretend to fix the kind and quantity of food and clothing to be furnished to the slave: but in South Carolina and in Georgia. and summons the party against whom such complaint shall be made. upon recurring I adventured a brief comment while speaking of \\\c first . to be levied by warrant of distress and 2 Brcvard s Dig. or that such person will not exculpate or clear himself from the charge. of course. hear and deter the said justice shall mine the same. the cruelty of denying to is attempted to be guarded against. will easily intrepid conscience.&quot. covering or food. to make complaint to the next neighbouring justice in the parish where such slave or slaves live. plaint to if the said justice shall find the said coin be true.

and excessive whipping must be concomitant causes. standing. food must proper enough be withheld excessive labour must be exacted inflicted. are enumerated. the lief amount that may be appropriated for the re of such slave or slaves. and I transcribe it entire: this sketch.&quot. The purpose of this restriction 1 cannot per5 .proper clothing is not afforded&quot. &quot. not and &quot.&quot. Upon the topics of this proposition. and they are hereby author and recover from the owner or owners of such said courts slave or slaves. 460. in any court having jurisdiction of the same. Section 2. the relief spoken of is confined to slaves. usage or custom to the contrary notwith s Digest. clothing. slave or slaves may be injured and impaired!!&quot. master is For withholding proper food has been demonstrated.) shall of any injtrm slave or slaves being in a suffering situation.the constituents of the proposition of this chapter^ that among crime of cruelty by the master to his slave. namely. under the necessity of detaining the reader longer that I shall be in its discussion than is altogether consistent with the plan of The act is a brief one.&quot. &quot. Prince By infirm the terms of this act. requires the co-existence of It is not all the illegal circumstances specified in the act.&quot. 1815. any law. &quot. Whether dispunishable.the withholding proper food and sustenance. (December be the duty of the inferior courts of the several counties in this state. From and it after the passing of this act. that &quot. particular inquiries into the situation of such slave *?r and render such relief as they in their discretion nn-y think proper. such is the language of the act. another act of Georgia may be cited. the provisions of which are of a character so novel. an effect is &quot. frooi the neglect of the owner or owners of such slave or slaves. 12. the health of such &quot. that the crime of cruelty. Section 1. I trust. But here it is may. affording proper and sustenance. &quot. on receiving information. to sue for may. The ized. unnecessary and from all these to whereby. -according to the legal interpretation of the section. it the slave be properly clothed inspection. be ascertained by necessary to advert to a remark al ready made.&quot. on oath. to make slaves. be produced and proved. that the The proof cannot be had. however.

as all laws ought to be. on oath. But. This section gives to the act. in conformity with to render such the directions of the act. and without the inadmissible evidence of the slave himself. scarcely possible a benefit can result.&quot. truly. that the makers of the act did not de sign to be otherwise. court. a character altogether novel in jurisprudence. it will occur to every reflecting mind. as has before observed. before the judges of the it &quot.gt. to answer the behests of justice. the evidence to support it should be proportionately cogent it should be incontrovertible. it is impossible to shut out the conviction. judges are directed to make ? The charge is a grave onestrikes at the character of the master. will induce such a person to incur the enmity of a planter. quire information I need not that this must be the oath of a white man* repeat. to trouble ourselves with the inquiry.particular inquiries&quot. And. . the duty is imposed on the judges of the inferior courts. unwilling as it we may be efficient . By \\\vjirst section. loren&quot. have thought proper. he will be apt to conclude that this latter concession relief as they. to believe the reproach. Improbable as I think I have shown the supposition to be. requirements of the act be complied with? plies can how can the other What kind of re which the it be expected to the &quot. unnecessary. the express directions of the to section re be given to the inferior judges on oath. Yet. it will be recollected. they have proceeded &quot. since to the professed objects of its bounty it is it&amp. that such complaint has been preferred by a competent person. let it be granted. had the law under examination been founded on practical principles had it been framed. making a formal complaint. it is. cial As a preliminary to judi first investigation. the second section would not been have been appended. but an incipient proceeding. is an abandonment of the argument. let it be further granted.&quot. that an infirm slave is in a suffering condition from the neglect of his owner. it will be observed. in their discretion. that the complaint has been established by evidence satisfactory to the judges. however. and that. A flagrant case which by must be.34 It ceive. after having made parti cular inquiries into the situation of the suffering slave. If the reader be in any degree conversant with judicial pro ceedings.&quot. the concession would be open to this objection.

35
such relief as they should think Jit. One would naturally had solemnly adjudged re
"

infer, that after a judicial tribunal

lief to be necessary for AN INFIRM slave in a SUFFERING con dition from the NEGLECT of his owner" that the hand of jus tice would not be tardy to enforce the decision. Very different,

however, were the sentiments of the humane legislature of

No relief is administered. The duty of the judges is at an end, by the determination that relief is necessary! They cannot order an execution upon their judgment. The harvest
Georgia.

should have been ready for the sickle but the seed has not been sown the ground is not even prepared to receive it. The

judges
"

are authorized (not
to

commanded)

to

assume the unheardin

of character for judges
to sue
for,"

become SUITORS

another court

owner
vision

says the second section, "and recover from the or owners of such slave or slaves, the amount that may
"

be appropriated for the relief of such slave.
is

No

special pro

payment of costs, in case these plaintiff should, from defect of evidence, or from any other cause, judges be unable to convince the ulterior court and jury that relief
for the

made

should be afforded.

It results, of course, that

they must defray

them from
even in
its

their private resources, like all other unsuccessful

parties to an action.

The delay and uncertainty of the law, mode of administration, where every rea ordinary

sonable facility for investigation is accorded, are proverbial; is it to be expected, then, with the obstacles to the execution of
this act

which have been pointed out the exclusion of slave testimony when no other testimony would be likely to disclose

the necessary facts the preferment of the complaint before one set of judges whose decision, at most, leads to no other result

than that these judges may become suitors in the cause before another distinct judicial tribunal, with the certain inconvenience
of the loss of time, and the almost certain loss of money, that or that it should be terminat a suit should ever be terminated

ed in favour of the slave!!
than mockery.

Legislation such as this,

is

worse

Prop. III. THE MASTER MAY, AT HIS DISCRETION, INFLICT ANY SPECIES OF PUNISHMENT UPON THE PERSON OF HIS SLAVE

36
If the

power

of the master, to the extent here implied,

were

sanctioned by express law, racter of a civilized people.

we should have no claim to the cha The very being of the slave would
Such
is

be

in the

hands of the master.

contrary, from the laws which

I shall cite, it will

not the case; on the be fully evi

dent that so far as regards the pages of the statute book, the life at least of the slave, is safe from the authorized violence of
the master.

The

evil

cannot be enforced

do not punish it. the cause which has been more than once mentioned the ex clusion of the testimony, on the trial of a white person, of all
those

is not that laws are wanting, but that they not that they sanction crime, but that they And this arises chiefly, if not solely, from

who

are not white.
a time in

There was
districts of

many,

if

not in

all

the slave-holding

our country, when the murder of a slave was followed

by

a pecuniary fine only.

this respect has

been very recent.

In one state, a change of the law in At the present date, J am

happy
slave,

to say, the wilful, malicious

and deliberate murder of a
is

by whomsoever

perpetrated,
9

declared to be punishable

with death in every state. James Digest, 392 (act of Decem 7 ber 20, 1821); 1 Rev. Code Va. 616; Hay wood s Manual, (N. C.) 530 (act o/1798); Constitution of Georgia, art. 4,
12,

and

act

of Assembly (1817); Prince

s Digest,

348

& 456;
Laws
on

Mississippi Rev. Code, 297; Missouri 28, and act of July 4, 1825; 1 Missouri Laws, 282; of Tennessee, act of Oct. 23, 1799, &c. &c.

Constitution, art. 3,

A slight difference
this point,

in the laws of the several states obtains

not unworthy of being noted. In Virginia,* the penal code contains no definition of murder, as such, but impliedly adopting the common law definition, prescribes the
is

which

punishment to be inflicted for this crime. Of consequence, whatever be the complexion of the person murdered, or whether he be bond or free, the law as to the guilt of the offender is the
same.

Act of March

6,

1819;

1

Rev. Code, 616.

Similar in

* The distinction, which originated in Pennsylvania, as to degrees of guilt in The name of the crime, the crime of murder, has been recognised in Virginia. however, is not changed in either of these states it is in the punishment only,

that the distinction

is

important.

37
Missouri, Constitution, art. 3,

28;

and

I

Missouri Laws,

282,

3.

/

The

conflicting influences of

Whereas 798, runs thus: another act of assembly, passed in the year 1774, the killing by of a slave, however wanton, cruel and deliberate, is only pun1
"

strangely contrasted in Section 3, of the act passed in ject

humanity and prejudice are the law of North Carolina on this sub

ishable in the first instance

by imprisonment and paying the value

thereof to the owner, which distinction of criminality between the murder of a white person and one who is equally a human

of a different complexion, is DISGRACE AND DEGRADING IN THE HIGHEST DEGREE FUL TO HUMANITY, TO THE LAWS AND PRINCIPLES OP A FREE, CHRISTIAN AND EN LIGHTENED COUNTRY, Be it enacted, &c. That if any person
creature, but merely
shall hereafter

slave,

such offender

be guilty of wilfully and maliciously killing a shall, upon the first conviction thereof, be

adjudged guilty of murder, and shall suffer the same punishment as if he had killed a free man Provided always, this act shall
:

not extend to the person killing a slave outlawed by virtue of any act of assembly of this state, or to any slave in the act of resistance* to his lawful owner or master, OR TO ANY SLAVE

DYING UNDER MODERATE
530;

CORRECTION."

Haywood s Manual,
Oct. 23, 1799, with a

and see Laws of

Tennessee, act

of

like proviso.

The
both

language of the constitution of Georgia,
it

art. 4,

12,

is

so nearly similar, that I transcribe

in this place, in order that

may

be considered together.

"

Any person who shall ma
life, shall

liciously

dismember or deprive a slave of

suffer

such

punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, ex
cept in case of insurrection of such slave, and unless SUCH DEATH SHOULD HAPPEN BY ACCIDENT IN GIVING SUCH SLAVE MODERATE
CORRECTION."

Prince s Digest, 559.
that
"

The
*

glaring inconsistency of the declaration in the preamble

to the act of

North Carolina,

a distinction of criminality

mined, that
ter,

In reference to this clause in the proviso, it has been judicially deter to resist his mas it is justifiable, to kill a slave, resisting or offering

by force. 2 Haywootfs

Reports, 54.

in its proper be added.38 between the murder a of a white person and one who is equally merely of a different complexion. 9 &quot. a particular account was given of the killing of a black man. Christian and enlightened coun creature. Strong evidence will not. . who is there among us that would not have indignantly ! ! repelled the charge as an opprobrious falsehood? There is another point of view in which this exception. an unusual occurrence. ch. the punishment of which is death. nor did it appear to have excited any inquiry.moderate. Every one who has been the least attentive to trials for capital offences. when on his trial for killing a slave. murderer of an outlawed slave. with an unimportant increment. attached to this To style the correction&quot. to the person killed not answering to a call made to him by the pursuers. I believe. claims I mean. has been incorporated into the con Had a stitution of a third state for an equal space of time statement of this nature appeared in the pages of a foreign journal. to sustain life. not charged with any offence. of a slave which causes DEATH.&quot. in respect to the protection which it an observation.&quot. But to turn to another part of the proviso. in the same section. 24. human to the and the impunity which is granted. by a person in pursuit of an outlawed slave. And yet such has been the law of two enlightened states for more than a fourth of a century. is well aware that the compassion of a jury is ever ready to lay hold of a pretext to save themselves from the painful duty of convicting a fellow being of a crime. a slave is authorized. or who knows the human heart. whenever he runs away from his master. kills ! &quot. act of 1741. is dis to humanity. however. Very recently. tion or comment. of course could not be ascer tained. Whether the call was heard or not. The outlawry of a slave is not. 45. conceals himself in some obscure retreat. be required by them to induce * the. needs but little explana To set the matter. therefore. and degrading in the highest degree to graceful the laws and principles of a free. and the same provision. owing. but try. throws over the murderer. 521. as it was stated. and. it a hog) or some animal of the cattle kind! See Hay wood s Manual. is a solecism too monstrous for sober legislation. that a proclamation of outlawry* against may light. as to death produced by the moderate correction of the slave. act.

39 belief thai the murderer s design was the correction of the slave that possibly (and possibilities are usually urged as sufficient where life is in jeopardy) the measure justification for acquittals. any office. s Reports. 241. or commit ted to the work-house in Charleston for the space of seven years. in the sense in which the epithet wilful is here used. it is said incidentally &quot. from the year 1740 to the year 1821.&quot. and in case any such person shall not be able to pay the penalty and for feiture hereby inflicted and imposed. every such person shall be sent to any of the frontier garrisons of the province. a period of more than eighty years. and as little of its notoriely. or the the offender) sum of seven hundred pounds. &c. which above I have here transferred. however. In South Carolina. e. took place. must have been much more common. It This remark was made in 1791. 1 JBay in this supposition I am mistaken. when the trial was made in a public place a court-house and by men of great personal respectability. i. The. his person whosoever. 2 Brev. The species of murder. &c. and of course the death must have been accidental.nevertheless. Pinck- that the frequency of the offence (wilful ney and Ford. There can be.&quot. But wilful murder. upon conviction thereof. correction. at hard labour. A reflection naturally suggests itself from the remark of Messrs. shall.) the legislature having by as they set forth in the law. &c. it is not very likely would be often* perpetrated by the master. slaves of any other person. of the punishment. the cruelty of which can scarcely be exaggerated by * Perhaps State vs. that is not only highly unbecoming those who profess cruelty themselves Christians. Rela tively. (act of 1740. 164. e. every such person (i. Pinckney and Ford. &quot.. but is odious in the eyes of to restrain 9 all men who if any have any sense of virtue or humanity barbarity being exercised towards slaves. Dig. This pecuniary mulct was the only restraint upon the wilful murder of a slave in this state. forfeit and pay the murder own slave. by Messrs. murder by undue. thirty years elapsed before a change of the law was effected! ! . &c. I find in the case of &quot. exercising. &c. I have no doubt the latter species of this crime. therefore. counsel for the state.That enacted. M Oee. murder of a slave) was owing to the nature. &c. no question as to its verity. and shall be rendered for ever incapable of holding. &c. shall wilfully and prevent &quot. current money. some means made the discovery. bestowed was moderate.

as far as I have been able to learn. or I &quot. James Digest. Amidst all the mutations which been able law. and which there is a strong probability. which DIMINISHES the pecu niary penalty to five hundred dollars. quote again from In case any person shall wilfully cut out the tongue. kill his own slave. other than by whip ping or beating with a horsewhip. vmes 26. limbs. or member.40 any description. or the or passion.&quot. put out the eye. of a fellow crea- How different was the Mosaic law. If a man smite the. current money. has been supplied killing by an enactment in the same year. 2\. burn.&quot. which punishes the wilful. slave of any other person. that it perish. so far as relates to the benefit of clergy. share no better the act of 1740. This section has. shall let him go free for his tooth s sake. 241. eye of his servant. of South Carolina. or the eye of his maid. chap. on a sudden heat the following quotation : or by undue correction. of a slave on a sudden heat or passion. &quot. but authorizes an impri 9 sonment not exceeding six months. Christianity has effected within the last century. has been repealed by an act of 1821. by direct legislation sanction the beating. for feit the sum of one hundred pounds. or cruelly scald. and guarded against. 241. what idea of humanity must a people entertain.* castrate. . 27. dred and fifty pounds. or deprive any slave of any limb. who. shall inflict any other cruel punishment. from If any person shall. for every such offence. every such person shall. he * &quot. I have already mentioned. switch or small stick. been suffered to disgrace the statute book from the year 1740 to the present hour. might be expected. without limit. The first named of these sections. how adequately. she has not to conquer the spirit which dictated this abominable To say nothing of the trifling penalty for mutilation. he shall let him go free for his eytfs sake&quot. the reader will judge for himself. Where the as life of the slave is thus feebly protected. he shall forfeit the sum of three hun &quot.&quot. Ibid. malicious and deliberate murder of a slave. or his maid servant s tooth. would be not unfrequently chargeable upon the master or his overseer. by death without The latter section. 2 Bre- vard s Digest. his fate. current money. Exodus. or confining or imprisoning such slave. And if he smite out his man servant s tooth. is delineated in another section of the same act. 392. cowskin. or by putting irons on.

41
ture, with

^Horsewhip or cowskin

and the

infliction of

any

tor

ture which the ingenuity and malignity of man may invent, in the application of irons to the human body, and the perpetual in
carceration, if the master so will, of the unfortunate slave, in a
"

77

dungeon keep,

however loathsome.
a

Such, nevertheless,
too,

is

the just interpretation of this law time denominates these very acts

law

which

at the

same

WHICH

IT AUTHORIZES, cruel

punishments. Louisiana has borrowed the

last section

of the South Carolina

law, with the exception of what respects mutilation, and making the penalty not more than five hundred dollars, nor less than

two hundred. See 1 Martin s Digest, 654. Whatever remarks, therefore, were made upon that law, will apply equally to this. Her new Civil Code effects no reformation of the old law, but
is content with the enunciation of a general principle, which is The regarded, no doubt, as the quintessence of humanity. slave is entirely subject to the will of his master, who may cor rect and chastise him, though not with unusual rigour, nor so
"

as to

maim

loss of life, or to cause his

or mutilate him, or to expose him to the danger of death." Civil Code of Louisiana,
far the

art. 173.

How

power of

the master

is

limited by the

when it is rigour, may recollected that the law of South Carolina last noticed, had been
expression unusual*

be easily inferred,

in full force in Louisiana for

many

years before, and was so at

the time

when

the Civil

Code was adopted.
to oblige the

The

constitution of Mississippi bestows
to

sembly power

make laws

upon the general owners of slaves

as

to

* So lately as 1819, the legislature of Louisiana recognized the practice of putting iron chains and collars upon slaves, to prevent them from running If any person or persons, &c. shall cut or break away. The act reads thus:
"

which any master of slaves should have used in order to prevent the running away or escape of any such slave or slaves, such per son or persons so offending shall, on conviction, &c. be fined not less than two
any iron chain or
collar,

hundred dollars, nor exceeding one thousand dollars; and suffer imprisonment for a term not exceeding two years, nor less than six months." Ad of Assem
bly,

of March

6,

1819

pamphlet, page 64.

It is

ration, that the legislature of the

same

state,

worthy of special commemo by the law given above in the

text,

from 1 Martin
cruel

s Digest,

of

"

punishments,"

654, imposes a much less penalty for the infliction of the most atrocious description, upon the slave.

6

42
to abstain from all injuries to them to life or limb; and, in case of their extending neglect or refusal to comply with the directions of such laws, to have such slave
treat

them with humanity

or slaves sold for the benefit of the
sect. 1

owner or owners.

Const.

ercise of the
viz.
"

Rev. Code, 554. ; Mississippi, Title Slaves, power thus granted, in the first and second clauses,
to oblige the

In the ex

owners of slaves to
all

and to abstain from
limb,"

injuries to

treat them with humanity, them extending to life or

the general assembly have passed this act: "No cruel or unusual punishment shall be inflicted on any slave within this state. And any master or other person entitled to the service

of any slave, who shall inflict such cruel or unusual punishment, or shall authorize or permit the same to be inflicted, shall, on
conviction, &c.
offence, at the discretion of the court, in
five

be fined according to the magnitude of the any sum not exceeding

hundred dollars," &c. Rev. Code, 379* (act of June 18th, Without the testimony of the slave, I again remark, a 1822.) law of this nature may be regarded as nugatory. But, abstract Cruel" edly considered, what protection does it hold forth.
"

and

mean
the

connected as they are by the disjunctive the same thing, and will be so construed by the precisely And what horrible barbarities may be excused under court.
"unusual,"
"or,"

name

judge by

of usual punishments, the reader will be enabled to recurring to the laws of South Carolina and Louisiana,

contained on the preceding pages. But what reason can be alleged for not putting in requisition to have slaves sold from their at once, the important power,
"

owners who neglect or refuse

to

comply with the

directions of

laws designed to secure humane treatment to such slaves/ This point will be the subject of separate examination hereafter, and
I

forbear therefore enlarging upon it now. The constitution of Missouri has gone beyond that of Missis

sippi, in relation to the protection of slaves

from the inhumanity
"

of their masters

;

for

it

not only empowers the legislature

to

oblige the owners of slaves to treat

them with humanity, and

to

*

Alabama has a
dollars.

similar law,

except as to the penalty, which

is

but one hun

dred

Tbulmin

s Digest, 631.

43
abstain from
ftrt. 3,
its all

injuries to

them extending

to life or

limb,"

DUTY

26, last clause (1 Missouri Laws, 48) but it is made to pass suck laws as may be necessary for this pur

pose.

If this injunction be regarded in its proper light, it will be incumbent on the legislature to remove the restriction which

are not whites.

has been imposed on the reception of the testimony of all who As yet, no law has been enacted on the autho

rity of the article in the constitution;

on the contrary, there

is

of inflicting punishment on the slave, which may be perverted to subserve If any slave resist his or her master, purposes most cruel. overseer or employer, or refuse to obey his or her mistress,
"

an act which confers upon the master a

new mode

lawful commands,

it

shall

mit such slave to the

common

be lawful for such master, &c. to com gaol of the county, there to re
;

main at the pleasure of the master, &c.

and the

sheriff shall

receive such slave, and keep him, &c. in confinement, at the expense of the person committing him or her." 1 Missouri

Laws,

309.

While

for the obvious reason, that the master, if

cruel and vindictive, can gratify his disposition in a manner less expensive, and much less troublesome to him in its execu
tion,

and more severe towards his victim, I do not think it pro bable this power will be abused; yet, viewing man as he is, no
to justify

law ought

of this nature, to heart may desire.

and assist in the imposition of a punishment be prosecuted to any extent which a wicked

Upon
power
states

a fair review of

of this proposition, the result
to inflict corporal
is

what has been written on the subject That the master s is found to be
to

punishment

any extent, short of

life

and limb,

fully sanctioned by law, in all the slave-holding that the master, in at least two states, is expressly pro

tected in using the horsewhip and cowskin, as instruments for beating his slave that he may, with entire impunity, in the

same

load his slave with irons, or subject him to perpetual imprisonment whenever he may so choose that for cruelly out an eye, scalding, wilfully cutting out the tongue, putting and for any other dismemberment, improved, a fine of one hun dred pounds currency only is incurred in South Carolina that though in all the states the wilful, deliberate and malicious murstates,

. and he is consequently to execute all the orders which he receives from him. while &quot. is yet&amp. not that it was in itself improper. ALL THE POWER OF THE MASTER OVER THE SLAVE MAY BE EXERCISED. as an appalling definition of slavery itself. received. that on the trial the defendants offered. that if pleadings. Stephen it is * of slavery in the West Indies. in the declaration named. whereby his wheat. A district court.} for breaking burg and entering his close. none except whites can give conviction can seldom. the subjoined extract from Mr. and is abused. to VISIT his negro quar ters. or from them. In the other slave-holding states. if ever. believed. and beating several of his slaves.to &quot. See 1 Munford s Reports. (Broivn &? Boisseau. it was admitted no such permission had been given. IV. that he owes to his master and to all his family a respect without bounds and an absolute obedience. (except in what can incite the slave to the commission of crime. will. a Prop. his said master.&quot. 616. is not susceptible of any modification or restriction.&quot. The condi tion of a slave being merely a passive orie. &quot. but on technical objec it was offered. continues the report. cited.. one of which was. 288. then and there growing. in the Peters case A reported among it Virginia.&quot.gt.44 der of the slave directed to be punished with death. now as in the case of a evidence. against bill of exceptions states. and according to the state of the would go to the defence of both Brown and Soisseau. and to all who represent him. This evidence was rejected. What more flagrant tions.and the beating.) in such manner. the appellants. whereas THE PERMISSION was granted to BROWN only. as had been previously shown. his subordination to his master. Louisiana is been passed on the only state in which an act of assembly has The language of the act may be this topic. the testimony of a witness. which. May. one of the defendants. proves how wantonly this power may be. 1 Martin s Digest. take place.* s delineation is the decisions in the supreme court of appeals in confirms the text. and to chastise any of his slaves who might be found acting improperly. Broum & Boisseau vs. &c. accurately express the law and the practice. and throwing down his enclosures round his field. so that he was deprived of their services for a long time. &quot.&quot. NOT BY HIMSELF ONLY IN PERSON. was trodden down and injured by a great number of cattle and horses. tending to prove that the plaintiff had given a general permission to Brown. white offender. &c. in mitigation of damages. The statement prefixed to the opinion of the court is in these words: May brought an action of trespass vi et armis. had been inflicted solely by BOISSEATJ whom. BUT BY ANY ONE WHOM HE MAY DEPUTE AS HIS AGENT.

e. IN POINT OF LAW. The villein might have permitted by the law of villanage. without his consent. page no reason to suspect the character to be surcharged with cruelty. V. to manager. or general deputy. e. acting improperly! ! ! . unprincipled race always cap in hand to the dons who employed them.45 slave is liable to be coerced or punished by the whip. appellation of is overseer. &quot. or character. to visit entered unlawfully. there is &quot. &c. and spirit of domination. sub ject only to the exceptions already mentioned.) by the attorney. except for just cause. inasmuch as he is charged with having broken the close of May. his life furnished by Mr. to s power of delegation could be practised than this general permission to one not in the function of an overseer. life or limb. as fully as by the owner Nor is any special mandate or express general power necessary for this purpose. WHATEVER PROPERTY THEY MAY ACQUIRE. and the following ex Last and lowest. the depri &quot.&quot. AND. and every other person whose government or control owner may choose to subject him. Wirt. or by any of his delegates or sub-delegates. TO THEIR MASTERS. plead that was done by the command of the lord. A description of this class of beings. and it was no legal defence in such action. degraded. to superintend the employment.) his negro quarters. This power of deputation by the master is one of the degrad It was not ing and distinguishing features of negro slavery. Reports. The to be vation of driver. and to chastise any of his slaves who might be found i. (for this character is plainly denied to Brown. to &quot.) zfecuhtm of beings called overseers the most abject. abuse of the master grant a. SLAVES HAVE NO LEGAL RIGHTS OF PROPERTY IN THINGS REAL OR PERSONAL. of the slaves. Coming from this source. by the owner. (i. it is enough that the inflictor of the violence is set over the slave for the moment. in of Patrick Henry. 9 Coke s 76 1/?. an action against any man but his lord for beating him. BELONGS. 79 Stephen s Slavery. overseer. Prop. insolence. (L e.&quot. and furnishing materials for the exercise of their pride. and tormented by every species of personal ill-treatment. of tract is in the words of that author: 34. the different classes of society in Virginia. of whatever rank the himself. upon his premises. page 46. The most common delegate of the master is known by the it &quot. and see Stephen s supra.

&c. South America and the Gulf spelled. for any goods. little Since.&quot. by the exer cise of his industry and skill. &quot. citing slavery on the whole. less severe than it is in the slave-holding sections of the United States. assembly. sometimes from one prodigious tree. where in truth. edition. without a license from the owner. a series of letters from Timothy Flint. or raise and * Periaugua as this word should be clopaedia. in the few moments of leisure him. published here mentioned. the unwritten law is as above stated in this proposition. there seems but little reason to believe. slaves were permitted to acquire and enjoy property of consi derable value. &c. Among the Romans.46 Of negro slavery only. by other honest means. occasionally indulged to that humanity has opposed their execution and established a I insert various acts of better practice there. in the Ency a sort of by Mr. or from the trunks of &quot. It is composed of the trunks of two trees hollowed and united the canoe which is formed of one tree. hollowed.&quot. in what light this subject is viewed in the states. In the Spanish and Portuguese colonies. Louisiana. and. And even in the British West India Islands. however. 59. which will evidence.&quot. were not only allowed to any hold property but were endowed with it their lords. Dobson . a vessel of from two to four tons Mass. trade. to the Rev. or. principal not always observed In of the Seminary of Rapide. the money and effects which a slave acquires by his labour at times set apart for his own use. (first American of in large canoe made use of Mexico. are legally his own and cannot be seized by his master. fyc. &quot. the distinction is &quot. &c.) the Leeward Islands. sell. two trees united. the Grecians and the ancient Germans. has been thought of sufficient im to call for solemn acts of the general assemblies in our portance slave-holding states. and a plank rim fitted to the upper part. of Salem. as their own. described. is thus defined. to deprive the slave of any articles of property which he might obtain. is not perhaps. can this harsh doctrine be affirmed. the feelings of the community there forbid enforcement by the master. where the condition of Stephen s Slavery. nor shall any slave be slave to permitted to keep any boat. between a canoe and periaugua. as burthen. even prior recent alleviations of their lot. In together.The Polish slaves. James Flint. to by WraxalVs Memoirs. periauger* or canoe. its yet. 2 voL letter 21. Ibid 60. I find the periaugua. &quot. It shall not be Thus in South Carolina: so often alluded to. lawful for any buy. and thus differs from this country. .

mares. of The act of the legislature of Georgia. See Missis- . concerning the manner thereof. hogs or sheep. any horses. As lows: early as the year 1779. all such goods. and the James Digest. See slight modification. and by them applied. &c. 2 Missouri Laws. and all or hogs. Code.&quot. see 1 Rev. the one-half to the support of the poor of the county. 375. sheep. chap. unless the labour be done on his own Prince s Dig. if the master shall permit his slave to hire it is himself out. to another for his own benefit. the bene other half to 385-6. nor more than twenty. the boats. shall be seized and sold by the County Wardens. 135. in Kentucky. 1813. 534. 526. cattle. &quot. should sometimes permit the slave to hire himself. s Similar.&quot. Manual. Prince s Digest. and Laws of Tennessee. Georgia has im posed a penalty of thirty dollars every weekly offence. and the other half to the informer. on the part of the master. lest perchance. mares. 2 Lift. under pain of forfeiting all the goods. &c. &quot. that one month the passing of this act. &c. &c. Code. 743. Haywood s Manual. and order the same to be sold at public outcry. Jlct him or them that sue for the same. and if the said justice be satisfied that such seizure has been made according to law. he shall pronounce and declare the goods so seized. 4* Swi. 1740. volence of the master. to be forfeited. And in Virginia. made lawful for any person and the duty of the Sheriff. is in nearly the same words. periaugers or canoes.47 breed. and such justice shall take the oath of the person making such shall seizure. one half of the monies arising from such sale to go to the state. and Haywood &quot. and to deliver the same into the hands of any justice of the peace. cattle. 23. And. sheep or hogs. 1159-60. in this state. to seize and take away from any slave. with a premises. 374-5. for the benefit of such slave. So. shall belong to any slave jr be after Ml of any slave s mark. And it shall be lawful for any person whatsoever. horses. 453. cattle. and the master shall be fined not less than ten dollars. &c. Digest. 457. where the seizure shall be made. &c. to apprehend such slave. nearest to the place. North Carolina interposed as fol horses. Oct.for Mississippi Rev. &c. boats.

175. An : master he possesses nothing of his own.&quot. of a slave license such slave to go at large and trade as a freeman. &quot. shall incur the penalty of five pounds. chap. 103. he shall forfeit the sum of fifty dollars for each and every offence.&quot. ing to him or herself. un they have been previously and expressly enfranchised con formably to law. an additional ten days in harvest. 1787. 378. own In Mississippi a slave is forbidden to cultivate cotton for his use.ftrt. is not included within the prohi bition. chap. &quot. belong who have their action to recover the amount from those owners. 743. and Kilty s Laws of Maryland. 616. within this state. (thirteen and one-third dollars. 7 Also. to go at large or hire himself or her self. 1. The civil code of Louisiana coincides with the text in the fol all that a slave possesses belongs to his lowing manner 1787. Code.&quot. the sum of money or moveable estate.48 sippi Rev. which his master chooses he should Martin s Digest. &quot. &quot. &c. keep pamph. Louisiana Code of Practice^ . any person who shall permit and authorize any slave belong^ &quot.&quot. a fine of fifty dollars. act of 1723. In Maryland. 1817. Code. dispose of or receive by donation inter vivos or mortis causa. &amp. Mississippi Rev. Act of December sessions. a master. laws of Mississippi of 1825. act of January 29. Civil Code. 1825. he incurs Miss. act &amp. and see. or unless they are expressly enfranchised by the less act. excepting however. chap. any master. by act of JLpril sessions. &quot. Rev. ex This penalty was increased to twenty dollars. Kilty s Laws of of equal fine is Maryland. except his peculium. and. them. *ftrt. 379.) current money per month. 1462. And. art. &c. 1 Slaves are incapable of inheriting or possess.The to their earnings of slaves and the price of their service.April. convicted of permitting his slave to imposed upon stock of any description:&quot. 33. 6. 945. should the master permit him to do so. by which the donation is made to them.lt. Slaves cannot transmitting property. 104.lt. chap. By both cept ten days at harvest acts. and see 2 Missouri Laws. 33. who have employed art. if 374. that is to say. &quot. a slave being a pilot. 15. Code.

to be rented out the maintenance of a slave. a negro vs. and to other later decisions of the courts. Sally. it &quot.} which view to be passed by unnoticed. acknowledged he had no property never paid taxes for her. The court charged the jury in favour of the plaintiff. See 1 Bay s of Sally. by working out to in town. according to the form prescribed by the act of the legislature for that pur pose. Some short time. however. 1 Also. the defendant never claimed any had stipulated affection pay for her for a negro girl. 7 . in North &quot. Bostwick.49 *The decisions of the courts confirm the doctrine* of these acts of assembly. in nature of ravishment of ward. It is is * date. extra labour to the purchase of this girl. before commencement of the present action. vs. . he refused in consequence of which. a devise of land. where it was held. he hoped to do such manifest violence to so singular and The jury. has been held to entitle There is an isolated case. 209. she property in the negro the girl. this action was brought. (determined in the Su Reports. to establish the freedom of a negro girl. 1 for Cameron s and Norwood Taylor void. num. Though in this last state. And. a gift. over and above what she monthly wages to her master. afterwards to set her free. dant. They were too hu would a jury of the country say No mane and upright. or devise. Carolina. 561. and she was Which of these was neighbour to the oppressed negro girl ? set at liberty. Maryland Reports. slaves cannot take property by descent or purchase. of pretty early preme Court of South Carolina. such a devise of real or personal estate. returned a verdict for the plaintiff s ward. but on the contrary. in her. when called upon to deliver up the girl. if no other rea would be necessary to insert it. 353 same decision. s Maryland. one not his owner.in several points of in opposition to the spirit of the laws. Scatty. or descent. ! ! box. in conclusion.That as in South Carolina. &quot. For a con siderable time after the purchase was made. in 1 or devise made to a slave. would be by any See Dulany opinion. is thus given by the reporter. acquired a considerable sum of money. The Guardian too interesting. the property of the defen son could be assigned. with permission of her master.&quot. The case was this: a negro wench slave. was adjudged to be void. without retiring from the extraordinary an act of benevolence. If the wench chose to appropriate the savings of her saying. 4 Dessatissure s Chancery Reports. He trusted not. This was a special action. as free. s Reports. 266. in order. 260-3. had by her in dustry. on which account. and gave her her freedom. Slaves cannot take by sale. and having an purchased her with this mofiey which she had been for years accumulating. An outline of the facts of the case. Chief Justice Rutledge. made by the owner of the slave. bequest. s Reports. By And.

50 the slave to freedom. a wife from her husband. or perhaps destroyed the nicer sensibilities of our nature. to a greater distance than ten miles. he must know what friendship he should not feel is. whether he remain for same master. the slave. for a term of years. But concerned. out the hope of a restoration. or servant or servants. the indulgence of these feelings. he must be other. LIABLE TO BE SOLD ABSOLUTELY. and yet live. And as man. with respect to the master s power over his slave. or even from each other. this it must not be forgotten that the slave is a human being. no law exists to prevent the violent separation of Louisiana. with the design and in after the first or removed. &quot. it is scarcely possible an attachment even to place. After what has been said. as the implied intention of the owner. unless such child shall be above the age of four years. day of June next. must inflict a pang. THE SLAVE BEING A PERSONAL CHATTEL/ is ALL TIMES. or a parent from a child. cannot fail to contribute large To be torn from such endearments. is As far as the master treatment towards him conclusion may be taken as generally correct. renders those of his dear. &c. 1788). shall have been obtained and J:estified{as herein before described. parent or child. *fts man. &c. VI. *fts man. e. and even to insensate objects. parents from their children. AT THE WILL OF HIS MASTER. or cause to be separated husband from his wife.* * In most One of the abolition acts of Pennsylvania. is he susceptible of many of the feelings which attach those of the same species to each *fls man. from and &quot. Reports. a tention of changing the habitation or place of abode of such husband or wife. alive to the ties of consanguinity and affinity. subject to one and the successively to many others. in own condition more the slave-holding states. it may seem to be of but little consequence to Prop. shall. or be transferred s life. and although his degraded condition may have blunted. presence inspires. with ly to his happiness. a child from his or her parent. The terror which his master s agonizing beyond description. If any owner or possessor of any negro or mulatto contains this provision: slave or slaves. 5 Harris and Johnson s 1 90. Hall vs. by acknowledgment before a magistrate. Mullin. OR MORTGAG AT ED OR LEASED. separate or remove. yet.) . (act of 29th March. or unless the consent of such slave. of any or either of the descrip tions aforesaid. except in Nevertheless. (5.

69 and 70. by sale. suit of any person who will sue for the same.* See Stephen s Slavery . 47. the slave is em be soil. and may be claimed by him without any additional price. is unwarrantable cruelty. BY PROCESS OP LAW. this provision. citing Annalcs de la Martinique. in the Spanish. however. not having the code before me. has always been rigidly executed. in the Por The Code Noir. though expressly retained by the seller. on the part of the purchaser. why should not the citizens of our republics imitate so good an exam ple? But it is foreign to my plan. the pa in the French colonies. well-informed writers seem to regard the sales of slaves by process of law. THE SLAVE is AT ALL TIMES LIABLE TO BE SOLD. in for the use of the plaintiff. at the. (I quote prohibits the selling of the husband without the wife. or vice versa. Mr. with success. Besides the separation of children. from Stephen. children or parent. where the law is similar to that which is expressed in this proposition. detached from it. &c. &quot. I pass to a kindred proposition. every such offence. Slaves separated from each other by a distance of ten miles. Bryan Edwards. tuguese. it will be such person or persons with costs of suit. the source of. OR THE DEBTS AND BEQUESTS OF A DECEASED MAS TER. and cannot. FOR THE SATISFACTION OF THE DEBTS OF A LIVING. from their parent.&quot. 285. who. or St. to be recovered by action of debt.) art. In voluntary sales. says the Compiler of the annals of the sovereign Council of &quot. s . There is but little humanity. to be expatriated and sold. VII. sent to Guadaloupe. pass by the same conveyance to the purchaser. p. * This law. to reclaim their children remaining in our colony. greater evil. &c. See Stephen Slavery. through the action of the purchasers in the colonies to which they were sent. and even rents without the children.&quot. to dwell longer on this topic. I have known slaves who have been set up. If the humanity of the French has adopted this law. the wife or husband. In the British West Indies. 8cc. tome 1. &c. Domingo. AT THE SUIT OF CREDITORS OR LEGATEES. made contrary to this regulation. perhaps. might never see each other. whenever a claim has been Martinique. Prop. as produc tive of more cruel consequences than those which arise from voluntary alienation. &.51 other countries in which slavery ployed in the cultivation of the is tolerated. 69. after four years of age.&quot. for shall severally forfeit and pay the sum of fifty pounds.c. one moiety. Such is the case.

both of simple contract and speciality. to the payment of all debts. 5. I description of the cruelty of this law. they shall and all be exempted from the cruel hardships to which they are fre quently liable. therefore. dragged to &quot. and made subject. that the sphere of its operation is rejoice to say. a law was extracted from the Civil Code of the state. 2. the state of Louisiana must be exceptbe recollected. &quot. at the beginning of this chapter. by which slaves are declared to be to be ranked among immoveable property.But for the melioration of slavery.&quot. the slave cannot be separated from it by process of law. Besides this humane If. without any crime or demerit on his part. real estate When. Stephen. there are several others. purchased by a stranger. and I suppose Demarara. that.&quot. to Christianity of the odious severity of country that pretends matises as a &quot. A good negro. with his wife and family rising about him. it obtains only in the republican states of North Ame rica!!* And here again I recur to Mr. chap. the Roman law. viz. humanity. the revival principles. as a preliminary measure. in his History of the West Indies. possessed of land. uses this language: these other regulations which can be devised for the protec tion and improvement of this unfortunate class of people. unless. real or pre He is punished because his master is unfortunate. was the champion of slavery and of the slave trade. which deserve to be signalized. public auction. &quot. which declared sentient beings to be inter res a practice injurious to the national character.&quot. after speaking of certain regulations which had been proposed &quot. as I presume is most commonly the case. regulation. book 4. of being sold by creditors. and disgraceful to continues he. in a course of administration by executors. vol. This he stig grievance remorseless and tyrannical in its in a and dreadful in its effects&quot. as ample at generality of this remark. It would be in vain for me to attempt to augment the horror which every well-regulated mind must feel from this eloquent For humanity s sake. and perhaps in the small islands belonging to the Dutch. * From the It will ed. will be of little avail. and all this tended.52 recollected. forcibly separated from his wife and children. and perhaps sent to terminate his miserable existence in the mines of Mexico . by no means With the excep co-extensive with the prevalence of slavery. the owner of slaves is. is seized on by the sheriff s offi young cer. tion of the British colonies in the West Indies. .

and they can the not be seized or sold by creditors for satisfaction of the debts of It has already been stated. not only but against his will by process of law. for the payment of his debts it may safely.&quot. then. state. 47. gradual in its operation. clared See Stephen s Slavery. much more humane ones which are comprised in the Code Noir of Louis XIV. states in This. from what has been said upon this and upon the void.&quot. I believe. that by the Code Noir.&quot. 1793.&quot. &quot. for though the slaves disabled by old age. 68-9. I call the Code Noir much more humane. 1 Martin s Digest. that a precedent to such cruel injustice is not to Plantation slaves. nor the Sales made contrary to this without the children. husband cannot be sold without the wife. &quot. not only in the Spanish and Portuguese. the children who shall not have attained the full age of ten years. 612. and thus the like painful separation be effected. Since.&quot. be pronounced. whenever the abolition of slavery has been. &quot. Every person is expressly prohibited from selling separately from their mothers. in these latter states. and sold separate from the land they cultivate. happen to and transfer of slaves* at the will of the master. by the master s &quot. as most of the remarks in this work. act of July 7. of slaves to be seized authority. 8tc. And in Delaware. and who have children. For. by a law. sufficient authority is at once disclosed for the prosecution. 8?c~ at a public sale of slaves. it appears no restraint (except a par one in the state of Louisiana) is imposed upon the sale but that these may take place.&quot. partaking therewith all the restrainsts upon voluntary alienation to which the possessor of the land is there liable. last tial preceding proposition. are real estate. owner. there be some who are disabled through old age or otherwise. at least. according to the Louisiana law. by process art. cannot be exported from the state without the Ad of June 14. These provisions have probably been suggested by a knowledge of the Ibid. . fyc. the &quot. creditors. slaves two justices of the court of quarter sessions. are not to be sold apart from their children without their consent. yet the master may retain them and sell their children. be found in any part of the old world. it has been found necessary to prevent slaves from being carried out of their respective limits. are de regulation. 1806. says he. 20. extracts from which are given in the text of the former proposition. parents of law under seizure for debts. though * a slave-holding license of ch. such slaves shall not be sold but with such of his or her children whom he or she may think proper to go with.53 Of the liability. and attached to the soil they cultivate. applies exclusively to those which laws for the abolition of slavery have not been enacted. but in the French colo nies also.

and to carry them where they please. while they permit their citizens to sell their slaves to whom they please. the states of Delaware. of the inter-territorial slave trade which exists among us. and I therefore transcribe those sec From and which are important to the present inquiry: after the first day of May next. however. which if they or any of them neglect * lina. after the said first day of May next. being one of the earliest. by land or water. &c. have been enacted in spective limits. buy or hire such slave or indented servant of colour. one moiety of which forfeiture shall be to the use of the state. Section 2.54 to any extent. in a great measure. shall. The act of as sembly of North Carolina. no slave or indented servant of colour shall be imported or brought into this state by land or tions &quot. The law of Delaware bears date a few years anterior to that of North Caro latter state but the provisions of the act of the the other states. Tennessee. for reasons of policy. . Maryland. and the other moiety to him or ** them who sheriffs. shall forfeit and pay the sum of one hundred pounds for each and every slave or indented servant of colour so im sell. Every person importing or bringing slaves or indented servants of colour into this state. nor shall any slave or indented servant of colour. contrary to the provisions of this act. Section same. sold or hired by any person what ever. constables or other judicial and ministerial 3. Kentucky. who may be imported or brought contrary to the intent and mean ing of this act. have found it expedient to enact laws to prohibit. be the duty of all justices of the peace. forfeit in like jfor and pay the sum of one hundred pounds each and every slave. be bought. with but little variation. Georgia. water. And every person who shall knowingly ported or brought. and Louisiana. have been adopted.* has probably served as a precedent in the other states. which. deserves particular commemoration. to use all reasonable and lawful means to carry this act into effect. the further introduction of them into their re Laws with this aspect. Many of the slave-holding states. &quot. &c. manner. in . North and South Carolina. shall sue for the It shall officers of this state. yet. coroners.

in vir tue of the proviso. legacy. legislature was procured for the prohibition of the inter-territorial . or to prevent such persons from travelling with their slaves. to per form the duties aforesaid. deand in favour of those who state. officer it shall be deemed a misdemeanor in office. 2. 373-4. 4. her or them. &c. ) of slaves admissible into the above states. s Digest. art. 193. 1802 #1803. act of 1826.&quot. And any who shdl fail. Prince s Digest.&quot. 7. act of 1787.). or to prohibit any citizen of this state. by marriage. that the state. The number may * The African slave trade was prohibited in Georgia in 1798. Laws of Maryland. And in order to guard against an abuse of the privileges conferred by these exceptions. 11. 67. by an article of her constitution. But it was not until 1817. 145. or who hath heretofore entered into bona fide contracts. chap.* act of 1817. Nothing in this act shall be construed to prevent any person or persons. 2 Litt. II G2. into this by land or water. (see pamphlet laws. shall be held and deemed liable to the foreitures inflicted on those who may import or bring a slave or indented servant of colour into this state in the first instance. Hay wood s Manual. ch. such slaves or servants of colour as they may think proper . as to persons removing with slaves into the derive them by gift.55 to do. chap. it is made the duty of the persons coming within them to make oath. who may obtain slaves. And see 2 Brevard 256 to 533-4. and act of 1789. devise or descent. from bringing the slaves or servants of colour so obtained or contracted for. in order to settle in another state. 1794. through this state. act of 1815. that the act of the traffic. neglect or refuse upon application. &c. Louisiana. chap. Section 4. or subjects or citizens of foreign countries. Sf Swi. To the generality of this prohibition the following exceptions are added: &quot. act of 261 inclu (actsoflSQO. sive. gift. Laws of Delaware. and shall be proceeded against in the like manner and to the like effect. act of 1796. who intend to reside and settle within the limits of this state. being citizens of the United States. slaves introduced are not intended for traffic. from bringing with him. nor in evasion of the act of assembly above cited.

in the states where the prohibitory law has been adopted. and it was the imposition of a considerable duty on imported The royal negative was ex is abundantly demonstrated by Judge Tucker. not likely to be glutted for many years to come. 1776: Whereas George the third. . lured by a high At the present time. that while every coloured person is presumed to be a slave. 50. however. The means resorted to for this purpose. heretofore entrusted with the exercise of the kingly office in this government. direct effort by the The fate of an act of this would have been entirely description. those very negroes. having undergone. a strong conviction of the impolicy and inhumanity of the in Virginia. and the following quo almost wholly annulled tation from the preamble to the constitution of this state. seems to have existed text. &c. may choose. without materially affecting its principles. especially with the pretext which is supplied the proviso. to introduce within the extensive limits of most states. the legislature of Virginia passed nu merous acts to discourage. promulgated on the 29th June. wholly it could not be. the importation of slaves. that it cannot difficult. king. marriage or devise. and in the but little and West Florida. which was attempted by the colony assembly of Pennsylvania. At the period of our revolution. might be cited as additional proof of this disposition on the part of the crown. by subsequent legislatures. was. several revisions and slight mutations. as traffic in slaves. to pervert the same into a detestable and insupportable tyranny. marriage or devise. after This humane act.* after having. I presume there is temptation to prosecute this traffic. or might be derived by her citizens from descent. and while a transfer of such is permitted without restraint ment this species of population. enacted an territories of East is which * Between the years 1699 and 1772. Arkansas and Missouri. BY AN INHUMAN USE QF HIS NEGATIVE.&quot. 49. is stated in the an entire inhibition of the importation of slaves within her borders. took place. in the year 1778. it is probable would not greatly aug It must. no matter how remote in distance may be by be very the places of their respective residences. be evident. How humiliating the contrast which is exhibited by the provisions of this act of 1819. as of the above price. from the paramount force of the constitution and laws of the United States. whom. Mississippi and Missouri. See 2 Tucker s Blackstone. among citizens of the same state. Appendix. ercised in relation to several of these acts. for a mart is open in the new states of Alabama. in the year 1819. hath endeavoured &quot. in the year 1712. many slaves as any one. And in the year 1778. that a unavailing.56 scent. HE HATH REFUSED US PERMISSION TO EXCLUDE BY LAW. except such as might be brought by emigrants to the state. And even Virginia. by prompting our negroes to rise in arms among us. slaves.

By none of these. though they may seem to have some connexion with sary to is this proposition. the it whom may author of a small work. were brought together. their principles discussed. or within the District of Colum Rev. THOUGH CRUEL TREATMENT MAY 8 . act 0/1S19. ASLAVE CANNOT BE A PARTY BEFORE A JUDICIAL TRIBUNAL IN ANY SPECIES OF ACTION. or to dispose of them. born within the United any territory thereof. without any exception or limitation. the several laws which pro fess to give redress to the slave for cruelty inflicted upon him by his master. or bia. ter. if the latter are umvilling to be sold. in courtesy to those for whom this is written. The law unquestionably. and their inefficacy exposed. is their great indulgence to their slaves. &quot. I do not deem it fit or neces make any comment upon them in this place. In a former part of this chapter. not con victed of crimes. Code.&quot. and now proclaims her willingness to receive all those. NO MATTER HOW ATROCIOUS MAY HAVE BEEN THE INJURY WHICH HE HAS RECEIVED FROM HIM. SLAVES CANNOT REDEEM THEMSELVES. with an &quot. South Carolina. it will be per ceived. could the slave appear in any capacity against his master. entitled Notices of East Florida. I will conclude my observations on the subject of this and the next preceding section. VIII. published at Charleston. has recently resumed her ancient policy. Though hunger and want be stronger than even the sacra fames auri. by holding up for the imitation of those 1 concern. within her borders. as stated above. and therefore. whom. in the year 1822. with a few exceptions. AGAINST HIS MASTER. Speaking of the Seminole Indians.&quot. I shall style savages. Prop. by a recent tra Another trait in their charac veller in the Province. 421-2. NOR OB TAIN A CHANGE OP MASTERS. IX. the great est pressure of these evils never occasions them to impose oner ous labours on the negroes. the conduct of the aborigines of our country. however.57 inhibition of the importation of slaves. Prop. though tempted by high offers. who have been &quot. States. says: &quot. account of the Seminole nation of Indians.

and. in order to make partition of the property. every one who will take the trouble to reflect on the subject. optional with the judge. hardly be ranked among First. but in words one of &quot. the humane design of the constitution has been disregarded. master shall be CONVICTED of cruel treatment of his IT PROPER to pronounce. whether or not. code. his co-proprietor demands the sale. inasmuch. . as re spects the right to compel a change of masters. to wit: the first. page 42. in order to place him out of the 192. 458. that the master requires as preliminaries a task so formidable. contains a regu in all the slave-holding states. What a mockery must it See. The constitution of empowers before seen. to make I extract the article of the the decree in favour of the slave. though the subject of cruelty by the master to his slave has claimed a portion of their attention. besides the penalty established for such cases. . No master shall be compelled t\vo cases. is the more remarkable. as in the codes of several of these same states. Slave. For it be convicted of cruelty. that it needs strong proof to induce the belief that the law has ever been called into action. redemption and equally true is it. are such. not only in Mississippi. Prince indented servants and apprentices. reach of the power which his master has abused. This neglect. except in Louisiana. &amp. which is in these to sell his slave. it is af terwards. that it can possibilities.&quot. when being only co-proprietor of the slave. This proposition holds good. secondly. the legislature to enact a law for the benefit of the as we have slave in this particular. its be obtained by the slave. Yet the conditions upon which extension to the slave depends. perhaps.flrt. a provision of this nature exists for larly.lt. must consider in the cases of dispensable for the slave * s protection. as to the right of lation by which the latter privilege may sometimes.* yet. See particu s Digest. second. but in all the slave-hold ing states. that the slave the when AND THE JUDGE SHALL DEEM shall be sold at public auction. Mississippi. Such a regulation. The new civil code of that state.58 HAVE RENDERED SUCH CHANGE NECESSARY FOR THEIR PERSON AL SAFETY. supra.

with respect to proper ty in general.59 be to pass laws professedly to punish the master s cruelty to his slave. therefore. 1 Harris and Johnson s Re the report of which may be found in 2 Bay s Re ports. in regard to slaves also. X. Taken does not operate as a shield to the slave against cor poral aggression. Randolph. was decided by the constitutional court of appeals in South Ca rolina. warrant an action by the master. The negro * told him he could not have it. in the A case. in that state. by which the master was enabled to sustain his suit against a third person. a diminution of the faculty of the slave for bodily labour. a decision of teriorate the property of the master. to that would you very Prop. to &quot. when the defendant went down to the landing place. by the reporter. IF INJURED BY THIRD PERSONS. strictly. Special action in the case for beating the man. has established the law to be. &quot. and said he would take it and go out fishing in it. This is a maxim of the common law. THEIR OWNERS MAY BRING SUIT AND RE COVER DAMAGES FOR THE INJURY. is the statement prefixed to the case. had the care of his master s fishing The following &quot. be assumed to be the law of all the slave-holding states.&quot. it the supreme court of Maryland. year 1796. canoe. plaintiff s negro that the negro in question. on Sullivan s Island. 70. in ensue from conviction. exasperated by the punishment and disgrace which must Would you. unless the violence used is so great as to de And so. and it may. on the officers in Florida. by the name of Sims White vs. or at least. SLAVES BEING OBJECTS OF PROPERTY. a loss of service. said Mr.&quot. . 4. &quot. ports. James Chambers. It came out in evidence on the trial. although a loss of service was not alleged in the de claration. 1822. delivered* in the house of representatives. Dale. his speech. imprisonment of the Spanish send a slave who had been abused by his overseer overseer for protection. if the slave is still to be left in the power of the same master. February 2nh. Cornfute vs. for a corporal injury to his slave. There must be. where it was.

facts. any negro or other slave. using it himself. slave. persisted in taking it away. derived by the slave from his owner s right of action The jury against third persons for brutal violence to the slave. and knocked. his him very severely. overseer. A whole community are implicated with them. and costs of suit! which is 1&quot. 7 Having given the reader it is fit this statement of the curiosity by that I should gratify his a faithful record of the verdict. A section of the negro act of 1740. which was in the canoe. to the owner or owners of such of fifteen shillings current money. and also the charge of the cure for every day 2 Brevard s Digest. which before he was able to go about beat master s business again. performing his or her work. 231-2. from owner. for . shall forfeit and pay. the I do not find any provision on this subject.five pounds sterling. has been passed with a special penalty adapted for the benefit of the master. and the negro in obey as he was in the constant habit of ing his master s orders in refusing to let him have it: upon which some high words passed between them on both sides. among the laws of the other slave-holding states. has fixed a measure of damages.&quot. and is. in the case. indeed. who shall be employed in the lawful business or service of his master. where the injury to the slave is of a most aggravated charac- . and then took up a paddle.If conduct of the jury. &quot. be enabled to form some estimate of the degree of protection. whereupon the defendant struck him a blow with his fist. doing. per diem. which was in force when this decision was given. the law of South Carolina at the present hour. be reproached with [this verdict. and he ex The defendant. him down. and shall be maimed or disabled by such beating. shall be beaten. of his lost time. except in Louisiana. pected him down every minute to go out in it. where an act of assembly. of such slave. in most respects analagous to that which I sum have cited from the code of South Carolina. &c. and afterwards laid him up for several days. &c.60 as his master had given him orders to let no one take it away. by any person or not having sufficient cause or lawful authority for so persons. such person and persons so offend ing.found a verdict. however. He will. then. Let not the jury only. which fully sustains the &quot.

) be forever rendered For unable to work. the in the slave. supra. shall be forever maintained at the expense of the person who shall have thus disabled him. being properly designated by the word contubernium a relation which has no takes place sanctity. is not. Prop. and especially from the laws which I have here quoted. SLAVES CAN MAKE NO CONTRACT.&quot. never prosecuted for bigamy.! And yet in slave-holding countries. pages 28-9. which person shall be compelled to maintain and feed* him agreeably to the duties of masters towards their slaves. in truth. and is called marriage. or punished for fornication or adultery. or petty treason for killing a husband being a slave. &quot. appointed by each of the parties. &quot. XI. that the association which among slaves. is scarcely to be looked for. slave is not admonished for incontinence. the offender shall be compelled to pay the value of said slave. protection of the slave. from the violent and wanton assaults of those. (maimed. and the slave ter. Tote vs. proclaimed to be a sufficient protection to the slave: it would be more just to say. but the vindication of the master s rights of property. fyc. &c. it has been held. in North Carolina. not their masters. according to the appraisement made by two freeholders. is. this right of action in the master. Besides such of the laws referred to under Proposition V. 1 Martin s 630-2. &quot. of this chapter as relate to this proposition. Digest. it will be perceived that the protection of slaves. From the abstract of the cases decided in Maryland and in South Carolina. and to which no civil rights are attached. unless punishment demonstrates MALICE AGAIJJTST THE MASTER. for inflicting their conduct clearly on his slave. O Neal. . A slave A has never maintained an action against the violator of his bed. any more than ad* \ See as to food and clothing. as a consequence of the master s right to be compensated for the deterioration of his property The purpose of these laws. 1 Hawk s Reports. &quot. thus disabled. it a slave cannot even contract matrimony may be added. that patrols are not liable to the master. By an extreme refinement of this principle. 418. not unfrequently. as ordered by this act.61 if the slave. that it is the only one which is accorded to him.

This is not merely a corollary from the clause of the act of assembly which was extracted near the beginning of this chap ter. Deut. that a restless discontented slave was worth little. if he became poor.62 mitted to an appeal for 561. * Jeremiah. is surely not the de duction of reason from any social condition of known principle applicable to the. for nothing. the master was not holden for his fitture support. But the perpetuity of slavery. heritable quality. been already transcribed. according to Chief Justice Parsons. which. Opinion of Daniel Dulany. They appear tween the masters and the slaves. but is the effect of an express declaration found in the same act of assembly. 2. For. 128. Attorney Prop. &quot. Israelites received a check the natural product of its in by the Mosaic polity. In Massachusetts. their demanded freedom of several negroes born in this country of imported slaves. General of Maryland. ch. * It Mosaic dispensation to the Egyptians. v. Exodus. where the institution has been tole rated. See Winchenden vs.&quot. he should go out by himself. suffered the like injustice. murder. Esq. XII. against his consent. both before and after the it was so with them during their bondage the Helots of Sparta.&quot. man. 21. and the Roman slave. SLAVERY is HEREDITARY AND PERPETUAL. ch. Hatfield. v. 34. . it was ordained in unequivocal terms. was obtained in a course of legal proceedings. The having been miraculously freed from the yoke of the Egyptians. in every age and among every people. having not be here inserted. was so with the Hebrews. and when Ms freedom &quot. 1 Maryland Reports. 15. if he were married (when he came) his wife should go out with him. ch. 563. that a Hebrew should not retain his brother whom he might buy as a servant more than six years. the defence of the master was faintly made. Yet the hereditary nature of slavery has probably been an incident of the institution. but that in the seventh If he came by himself year he should go out free. need its That a child should be deprived of any of in consequence of its parents natural rights misfortunes. &?e. and obtained it by judgments of the courts. v. 13. 4 Massachusetts Re But these cases can hardly be ranked as exceptions to the general ports. their masters by suits at law. 3. 12.&quot. to have been the effect of collusion be allegation in the text. for such was the temper of the times.

ver. his master is to bear with him. 1. See Gill s Exposition of the Old and Miloth. 10. Jewish commentators agree. and UNTO ALL THE INHABITANTS THEREOF. 45 and 46th verses of the same chapter. v. that not only anxious desire to sustain this opinion. 11. should he refuse so long. for bids such an inference. that the term perpetual. as to this particular. that the authority of respectable names may be avouched for the opinion. chap. it is said by Whether a servant be born in the power of an Maimonides.&quot. and by love and kindness. fyc. and the master must send him back to the strangers from whence he came. 8. 17. 25. It in its seems. to seek to win him over by instruction. and he bought with money on the day on which the master re ceives him. highly probable. &quot. Leviticus. 17. the re- . GOD New Testaments. according jRomans. after which. command was given to even of the heathen nations. must be circumcised. 13. For the Abraham. and he that is bought with thy money. and port of the command: proclaim liberty throughout all the land. ch. for the of Jacob will not accept any other than the worship of a willing heart. 4. Maimon. chap. and was not abrogated by Moses.&quot. that this command was strictly con strued and carried faithfully into practice. born in the house that is is to be entered upon the eighth day. it is forbidden to keep him longer than the twelve month. to Genesis. compared with chap. &quot. that the benefit of the jubilee. for one year. And. unless the slave be unwilling. was enjoyed by all classes of bondmen. it appears to me. or whether he be purchased from the heathen. if tenable. ver. proper and absolute sense. I am aware exception. v. For. With an &quot. out restored to freedom Hebrew slaves were.68 Besides this important regulation. 10. with by the jubilee. Thus. but the positive language of the 44. according to the literal im Ye shall hallow the fiftieth year. Israelite. however. that he that is born in thy house. if the master receives a grown slave. and he be unwilling. was such a privilege not required by the general purpose for which the jubilee was appointed. ch. by the rite of circumcision. Genesis. Hilcoth sect. the mas But he that is ter is to bring them both into the covenant. was not applicable to the sla Israelites very by the &quot.

in consequence. yet they did not exclude from them such to persons as were willing to qualify themselves for conforming Hence. Ibid. birth. . is. the constitution of the Jewish polity. although they were not held in the same estimation as Jews by them.64 elpient was consecrated to the service of the true GOD. to us. dealings of the Almighty with the heathen nations. descent &quot.&quot. I would not Notwithstanding be thought to speak of the conclusion which they tend to esta The blish. able author last quoted. conferred nearly all the respect the rights of a son of Abraham. 255. therefore. in the sense in which that appellation was used by the Israelites. there is an obscurity which leaves the mind unsatisfied. they admitted proselytes. as was the conduct of the Israelites to Hebrew slaves. Home s Introd. through the instrumentality of his chosen people the Israelites. The master and the slave are of the same class are both Gen tiles. and language. is a subject not to be discoursed upon with the freedom of ordinary criti cism. so far as we fts are concerned in respect to our duties to the enslaved. Although. of the &quot. And on this point especially what effect had proselytism on the condition of heathen slaves held by Hebrews. there exists no people who can be called heathen. says 3 to Crit. which in a com parison with the Mosaic regulations analogy furnishes. allowed no other nations to participate &quot. in their sacred rites. The only legitimate inference. But whether or not the proselyte heathen slave became enti tled to freedom at the jubilee. is of no importance to us. the bearing of these authorities. and the laws of Moses. who renounced the worship of idols and joined in the religious services of the Jews. And on such a one were. with a confidence approximating to positiveness. that our conduct to slaves should be the same. 413. See Study Holy Scriptures.

will be sufficiently mani which. it is fested. for the sake of per spicuity. not to the will of his master only. is recog To what extent. Acts of intended to give protection to the slave assembly apparently from his master s cruelty.65 CHAPTER III. in our slave9 . The penal codes of the slave-holding states bear much more severely upon slaves than upon white persons. nized by the laws of the slave-holding states. granted to the slave law. The means for moral and religious instruction are not II. be regarded a solecism. but to that of all other white persons. VI. have been adduced. Such a condition. VII. in consequence of the rule of law which forms the title of this section. either in a civil or criminal cause. Submission is required of the slave. on the contrary. . IV. will be arranged titles: I. the efforts of the humane and charitable to supply these wants are discountenanced by V. and examined under the following A slave He cannot be a witness against a white person. recognised. SON. as the cause of the greatest evils of slavery. I. I have had occasion. however. in the course of this chapter. and for what purpose. A SLAVE CANNOT BE A WITNESS AGAINST A WHITE PER EITHER IN A CIVIL OR CRIMINAL CAUSE. Slaves are prosecuted and tried upon criminal accusa tions in a manner inconsistent with the rights of humanity. very frequently. cannot be a party to a civil suit. MEMBER OP To speak of a slave as a member of civil society may. OP THE CONDITION OP THE SLAVE CONSIDERED AS A CIVIL SOCIETY. In truth. The benefits of education are withheld from the slave. and yet shown to be altogether nugatory. to advert to this sub ject. by some. III.

en without regard to his tirely at the mercy of this individual. In Missis Similar in Missouri. Having absolute dominion over his slave. and their descendants. Indeed. V. Stronger proof of the effect of prejudice could scarcely be produced. ch. 13. whatever may be the shade of their complexion. the legislatures In Virginia. 600. Maryland In Alabama. act of And in OHIO. Code. In Kentucky. to pronounce. an act of assembly in these words: Any negro or mulatto. 4. Toulmin s Digest. sippi. 1150. and in no other cases whatever. In Mary act of and 1751. of January it Such being the law. Swi. or in civil pleas where free negroes or mulattoes shall alone be parties.66 holding states. com by a considerable penalty. in the midst of any number of negroes and mulattoes. have sanctioned it by express enactment. or fierce and vindictive. C. # Mississippi Rev. torture. act of 1717. may easily remove him to a spot safe of a competent witness. but natives of Africa. who is seldom within the view of more than one white person at a time. 14. ch. there is &quot. In North Carolina and Tennessee. if no other white be present.&quot. and whether bond or free. the mas ter or his delegate. with impunity. ch. few white per illegal violence most of the slave-holding pelled states. A white man may. and even murder his slave. 25. maim. 2 Missouri Laws. will. are under the like degrading disability. 372. 2. 2 Lift. act of Assembly. create surprise even in the mind of an inhabitant of a slave-holding state. I suspect. shall be a good witness in pleas of the commonwealth for or against negroes or mulattoes. 1807. land.* 42. Laivs. 627. It places the slave. if disposed to commit him. 1 R. . 1777. whether his temper be mild fitness for the exercise of power and merciful. in upon from the observation probable. bond or free. 422. 2 fy 3. this exclusion is not confined to the evidence of slaves. the owners of slaves are &quot. it is sons ordinarily reside upon the same plantation. In a few of the slavein the rule derives its authority from custom holding states. to keep at least one white * The existence of such a law in Ohio. since I find. or free. bond others. that its effects requires no extraordinary perspicacity must be most injurious to the un happy victim of slavery.

dictive and cruel master has care to commit the most atrocious cruelties. and good ones. &quot. In this.&quot. the crime in the presence it he is impunity. and I doubt not in every other island. though (for reasons which I shall give) not to be proved against lower white or coloured people domineering over from two to ten or more wretched beings. and an advocate it of slavery. there arc. &?c. See Prince s Digest. 455. with circumstan ments of ces of atrocity to be believed. man on a contrary practice was prevalent. even to murder his slave. whose means of information entitle them to speak with authority. have frequently been reported to me. and of unjust and immoderate punish &quot. is most will have the least effect. I think occur exclusively within the narrow or household circle of unattached slaves. I think it best. nevertheless. PRESENT TO WITNESS THE ACT. to idly enlarge it with the enumeration of humane laws for the protection of slaves. then governor of Tobago. to corroborate by the direct testimony of several distinguished persons. Plain and conclusive as this reasoning must be to the mind of any candid person.67 each plantation to which a certain number of slaves is a law which would not have been necessary ^unless attached&quot. or rather. and. NO FREE PERSON BEING There appears to me a radical defect in the administration of justice throughout the West In dies. controlled as it is by a law of evidence which co vers the most guilty European with that when having a criminal intent. Sir William Young. I should consider with the respect and deference I bear to the sa is wisdom of the august body for whose use this report framed. all rendered nugatory by the gacity and . In such cases. that justice cannot in truth be ad ministered. thus expressed himself in 1811: Instances of bad treatment and cruelty. what protection by law have the slaves against the abuse of power over them. or other free people? / think the slaves have no protection. in cases where a vin required. but circumstances in the administration of ivhatever law render it a dead letter. in whatever case the wrongs done to a slave are under consideration. provided cautious not to commi as inconsistent of a free witness. by Europeans. When the intervention it of the law. laws for the protection of slaves. slaves. as. their slaves. I am sorry trading to say. he continues.

there can be no it cannot be established.&quot. as if this circum stance were of great moment. not that I consider the present topic but because what I now adduce is bor difficult of explanation.68 conditions of evidence required in their administration.&quot. that white the reach of the law. Report. gives the following answer to parliamentary in The only instances proposed to him in the year 1791. Esq. The negro act of South Carolina contains the &quot. as the evidence of slaves is never admitted against a white man. fyc. are in cases of murder. 222. of the island from this source. moreover. all con the inefficacy of all laws made for the protection of slaves. &c. we are natu rally induced to inquire what reasons have led to its adoption. and many cruel ties may be committed on slaves. rowed from the authentic records of a slave-holding state of our own country. of St. because no white person may be present to give evidence of the same.* &c. &quot. note. by reason following preamble to one of its sections: of the extent and distance of plantations in this province. 2 Brevard s Di gest. Stephen has collected the statements of many others hold ing official stations in the British West India colonies. the difficulty of establishing yond the facts is so great. and they add. but it is That servitude s Digest. is believed. 167 of Stephen s West Indian Slavery. . the inhabitants are far removed from each other. in consequence of the rejec I avail myself of an additional tion of the testimony of slaves. that coeval with the insti tution of slavery.&quot. See from Sir William Young. &c. it is by its advocates. men are in a manner put be I subjoin a further proof. that slavery has existed since the time of Noah. mutilation. and especially what can justify It is alleged its continuance. After such admissions of the evils of this law. page 168-9. 242. by proofs at * Drewry Ottley. Whereas. of a very remote antiquity. Vincent. 2 Brevard under some form doubt. a note. curring in relation to this one point citation quiries in which their (slaves) persons appear to be protected by the letter of the law. to for this extract page. dismemberment and The Chief Justice. and in these cases. Mr.

see Bro. tition with that of the Sacred Scriptures. (WltisJosephus. in a summary manner.&quot. traditions. ch. but three or two Josephus stands thus: at least. as it existed in England. carry conviction. on that account. for violence done to his person. indeed. 17. . villain was a good wit - A any one except his lord. obligation. 6 were ever sanctioned by the Jewish law and ch. as we are told void the See note. as they have descended to us. The in passage Let not a single witness be credited. chap. it would not surely. without to give the law as established by Moses. and who believes that justly. &quot. ) states the law on this subject differently from what we find it recorded in the Sacred Scriptures of the Old Testament. From which. that both the accuser and accused had a right to produce their witnesses. 8. and those such whose testimony is confirmed by their good lives. leaving the judges. tit. I infer. since it is probable that they may not speak the truth. And though he professes in writing. whose law.) When. like our juries. ton s translation.&quot. regulates with consider able minuteness judicial proceedings in general. to Whiston s trans s on the text of Josephus above the cited. to decide upon the weight of their testi mony. either out of a-ain hope of The authority of Josephus cannot be set in compe or fear of punishment. that instead of the Pentateuch itself. and compel the hearing of them. it is right ness. that the rejection of the testimony of the slave has always been a concomitant evil. giver. to the mind of any one.69 all worthy of reliance. it is fair sume that no such disqualifications v. (American edition. 19. also. according to our Canon. 3d volume of Home Introduction to a Critical Study of therefore. were expressly empowered to decide upon the credibility of witnesses to proceed against those who testified falsely.&quot. et seq. and. had made lation. of his Antiquities of the Jews. Villanage. . and makes particular mention of the number of witnesses required to establish the truth. nor let servants be admitted on account of the ignobility of their soul. yet it requires but little attention to discover. v. &quot. been the misfortune of the oppressed. in all ages. and yet is silent as to the competency of merous rules entirely to pre women and servants as witnesses. we Holy Scriptures. he has furnished a commen tary upon it by the Scribes and by unerring wisdom. 112. 15. in civil cases. and love mercy. villeinage. who rightly to do weighs the claims of humanity. &quot. The judges. abridg. * If indeed it could be shown that such had. prescribes nu for the treatment o| servants or slaves. See Deut. furnishes no authority for the universal application of this rule. are duties of inflexible and perpetual &quot. in book 4. against * 15. 66. Pharisees. as he might prosecute his lord in the king s name.But let not the testimony of women be admitted on account of the levity and bold ness of their sex.&quot. and left by him any ornament or addition. find the law of Moses. of the justice of the rejection. and to inflict retalia tory punishment upon them.

Commentary on Stephen s West India Slavery. chap. a. Cooper s Jus gation. in such a case. slaves less the slave could and if thus admissible in his be examined as a witness against his injurer. founded in reason and policy. though there were exceptions to it. 561. priety of * In it. 124. and. un tinian. The statute I allude to. in the defect of other proof. for men of that condition might be examined Maryland s Reports. required such a departure from general principles. that not the evidence of slaves only. a. if we are to understand by it that a slave might be examined. Coke Litt. might always (among the Romans) induce an investi to the statues of the princes. destroys the rule. 124. Hawkin s Pleas of the Crown. none but Christians should be scription of persons were excluded. as well to those who are free. book 2. own case. or when other when evidence was unattainable.. where would not operate to bias him. he must have been admitted as a wit ness against 1 him also.and even among those. to the extent in which it obtains in our slave-holding states. citing Voetius s latter exception. in cases of weight and difficulty. that this rule of evidence. it is it For k must not be forgotten. 412. the welfare of the state. without doubt. a certain de Virginia&amp. 171. that a slave could not be a witness. may either ancient or modern. This being the case.&quot. which is rejected by it to the descend applies equally to coloured persons. cannot challenge for its support the authority of any country. in it cases generally. let us sec upon a very early statute places the exclusion on the ground that witnesses. by flying a privilege which would be of but little value. &quot. We must have recourse to the civil law for its probable origin.70 to presume. for the inculpation of any offender against the And such I suppose to be the true meaning. I believe. with much more pro feel priety could ings of interest It he be heard on behalf of third persons. 28.gt. Coke Litt. as to those who are slaves. runs thus : .. criminal was no exception to a witness that he was a villain or bondman. Dulany s Opinion. The general rule of that law certainly was. or rather ants of Africans. since laws. This it is obvious.&quot. * And first. I shall briefly discuss the pro in its whole compass. &quot. 46. the Pandects.&quot. be safely averred.

1705. It has admission of such testimony is dangerous to the This charge. as. shall be deemed and taken to be persons incapable in law. the most obvious sense. if adopted in its lives and fortunes of the whites. in any matter or thing whatsoever depending before any court of record.71 is founded. in the grati fication of a spirit of revenge. makes the following memorable declaration: &quot.&quot. (4*A Anne} sect. single. a diligent and candid investigation of the conduct of emancipated slaves. 446. &quot. Prince s Digest. act of 1751. 2. 1 Rev. wherein any Christian white person is concerned.* would disregard the strongest moral sanctions. CLARKSON-. but against free persons any restriction. already cited. is not subjected to the ban. of course.&quot. during his time of servitude by law. the fear of punishthe hope of gain. to be witnesses in any case whatsoever. instance of revenge or abuse of liberty. restrained to the testimony of the slave presumes the predominance of the utmost depravity of heart in the slave a depravity. fyc. ginia) at large. it what reason been said. in ordinary cases. Law of Virginia. a considerable proportion of whom had been suddenly enfranchised. To concede this. &quot. the dictates of humanity. Popish recusants convict. is to impute a highly crimi for having the absolute dominion of the slave. &quot. free negro or mulatto born of a white woman.. not only of colour. whose labours on behalf of the negro are so well That he had not. it is said. If the objection against his master. Maryland Laws. . 31. would prevent or extirpate such excessive malignity. See 3 Henning s Statutes (of Vir &quot. would seem of veracity in the slave.&quot. which. to But this conclusion imply the total destitution must be too com prehensive. 298. is it Hay wood 14. papacy. or before any magistrate within this Acts of 1717. 4. comprising a body of more than five found a thousand. 523. after known. Code. received as good and valid evidence in law. s Manual. In Maryland. under hundred a great variety of circumstances. negroes. 13. act of October. chap. chap. demand the bestowal of such attention to the religious instruction of the slave. (shall) be admitted and theless evinced: &quot. mulattoes and Indian servants and others not being Christians. 8?c. or But. as well as the plain pre nal negligence to the master cepts of the gospel. without against each other. but the like intolerance is never No negro or mulatto slave. province. * And yet revenge does not seem to be more prevalent with blacks than with whites. or any Indian slave or free Indian natives of this or the neighbouring provinces. in its application to slaves. since even slaves are competent witnesses.

is essen &quot. operate serious injus tice to a white man. indeed. even for the purposes of conviction in capi Often is a necessary link in the chain of circumstan tal cases. But. to testify falsely. it is fair to infer. touching the master s be a valid one. instances of which are of daily occurrence in criminal courts. how many instances are there in which the evidence of a wit ness. and sometimes &quot. and may furnish a satisfactory ground of decision. The hope if it will be felt chiefly. tial evidence wanting. is other objection. or by strong circumstances. viewed the com petency of witnesses with great jealousy. though The examination of neither would have separately sufficed. Stephen. may justly derive great weight from the consideration. who is liable in a much higher degree to distrust. The fear of punishment&quot. would probably induce the slave of gain&quot. in interest. which knowledge of that witness. if far below the level of the suborned more embarrassing difficulty perhaps be proper. as a witness. except the last. under the peculiar is restriction there mentioned. which the vilest man on earth might cre dibly supply. that unless fortified by other unexceptionable witnesses. which he has not produced because it is .&quot.72 ment. strongly corroborated by other evidence. that a an ample refu a slave in the eyes of those who being so degraded as usually compose juries in the slave-holding states. that it would To every tation. degrades the master slave. Persons were pre- . as a general rule. the opposite party possessed the means of refuting it by satisfactory proof. because the other circumstances have previously raised the highest presumption of its truth. a slave s testimony would ordinarily go for nothing. it is satisfactory. investigations which. and of its being a truth too within the also testimony. should. &quot. not exclusively. is an illustration of these principles. accomplices in crime against each other. is a so much so. that if untrue. an objection. &quot. Labouring under the prejudice with which he is likely to be viewed by slave owners. tial to the interests of justice. courts of law. Sometimes is very low in credit. TRIAL BY JURY It is scarcely conceivable. as has been well remarked by Mr. to exclude such testimony when offered on behalf of the master. In the ruder ages of society.

The grant of a like privilege to the slave against his master. precedent of any other country. xxii. in particular. Indeed. Stephen. civil law. 182 . whether civilized or savage. a privilege not allowed by the same law to the man of full age. under sity. Secrecy in this crime. a distinction of immense advantage. hus in judicial administration we band and wife. in respect to what he learnt during his nonage. Such is the case where personal violence has been offered by the one to the other. to prevent an entire failure of justice. nience by jury is a sufficient answer to the several objections the admission of a slave s testimony. Besides. can be supported. He to his might even give evidence of what came knowledge be fore his enfranchisement. in general) from motives of public policy and humanity are forbidden or excused from testifying for or against each other. note to page 23. as far as it is in the power of the perpetrator. I have no doubt. Tit. upon what plau the unqualified and universal rejection of the lat sible ground It is without the ter as a witness. free negroes are received as witnesses in civil actions against white persons. equally forcible. advantage. with decisive public See supra. will.73 vented from giving testimony then. may. citing Voetius ad pand. And such a right it seems probable obtained Massachusetts. who. While this unqualified and universal exclusion of the evi dence of coloured persons prevails. 181-2. it can be of but little use to enact severe penalties against kidnapping. be 10 . 5. on objections which are now treated as of insufficient validity. For this improvement are principally indebted to the as certained practical excellence of trial by jury. 2. i. as far as we are informed. from neces e. it is The freedman was a competent witness by the believed. in may be supported by reasons. on the contrary. in legal contemplation. without inconve in particular. it is to me inconceivable. at least. it especially in a trial for freedom. where can hardly be expected a white person would be able to testify as to the pedigree of a black. In the West Indies. some circumstances. be heard even in their own behalf. with much greater against force may it be urged in reference to the competency of the If trial free negro. Stephen. Lib.

as may be easily demon strated. unless some method be provided for the better discovery of such offence. and if rescued at all. though not without great expense and difficulty the others are still retained in bondage. limb or member. and for this purpose. will probably fall but little short of the estimated value. have been kidnapped here and carried away. by sending white witnesses a jour ney of more than a thousand miles.Whereas. and if the free negro. The costs attendant upon law-suits under such circumstances. hibit it Having thus characterized the reader that he it. and many cruelties may be committed on slaves because no white person may be present to give evidence of the same. Remote as is the city of Philadelphia from those slave-holding. or being present shall neglect or refuse to give evidence. the inhabi is tants are far removed from each other. and as the government. or be examined upon oath concerning the same. without abridgment: &quot. mostly children. it must be. from what other source can satisfactory evidence be expected? But change the law. beaten or abused contrary to the direc tions and true intent and meaning of this act when no white person shall be present. To this it may be answered. That if any slave shall suffer in life. so they ought to be under the slaves^are under and managers of plantations. has been devised in South Carolina and imitated in Louisiana. have been restored to their friends. heard against the offender. in which found. . the injured party. .74 cannot be preserved. by reason of the extent and distance of plantations in this province. it is fit. or shall be maimed. admit him as a wit and kidnapping of all crimes would be THE EASIEST OF DETECTION. in every such case the owner or other person who shall have * Too much force cannot be given to this argument.states in which the introduction of slaves from places within the territory of the United States is freely permitted and where thirty free also the market is tempting. I should ex to may judge for himself. it has been ascertained that more than coloured persons. if a remedy of some description has not been attempted. I give the section of the act of it assembly. Confessedly great as are the evils of this harsh regulation. within the last two years. Five of these. that a pre posterous and wholly inefficacious one. of the individuals kidnapped.* ness. it will naturally be asked. through the kind inter position of several humane gentlemen. Be it en protection of masters acted. as slaves.

&quot. and shall be pro ceeded against accordingly without further proof. such instances. taken. declared. See Tfo Stale v$. 242. and in whose possession or power deemed. I believe. however. For it is in terms. I have no doubt. one white person only in general being on the plantation. in to many cruelties. by a person. It purpose of fortifying it. 172. Could it be reasonably expected. therefore. Welch. That the slave population. hesitate to screen himself from its penalties. in which the excul patory oath was offered to be made. for the in the one. unless such such slave shall be. found guilty ed of manslaughter. is by no means clear. The reader has probably anticipated my objections to the ex traordinary provisions of this law. perhaps it sometimes might . which the when tied made. ledge of the magistrate. upon good evidence. the party could purge himself of the accusation brought against him by his own oath ? Of a crime which could be satisact authorizes to be by a small pecuniary fine. and to acquit the offender if clear proof of the offence be not made by two witnesses at least. than that which he would thus conceal?* But this is a view of the law far more favourable than its true construction authorizes. shall be owner or other person as aforesaid can make the contrary ap pear by good and sufficient evidence. It would detract from the intellectual character of the legislature to suppose so. reputed and adjudged to be guilty of such offence. 1 Bays* Itcports. wicked enough to commit murder. by a crime not more heinous certainly. or shall by HIS OWN OATH clear and exculpate himself. and who was. which oath every court where such offence shall be tried. were subjected ble. immediately afterwards. that the presumption of guilt.75 the care and government of such slave. . and that the legislatures were fully convinced of this I consider to be equally clear. 2 Brevard s Digest. that I refer to a case. whom the court decided not to be within the benefit of the act. * is No not. will question the truth of this as a general remark. report 1 South Carolina reports of judicial decisions. would lead to a conviction. that a remedy of the mischief But it wasVi- tended by the enactment of this section. would seldom be brought to the know But would the man. is hereby empowered to administer. as is set forth in the pream consequence of the exclusion of their testimony against their oppressors.

76
that the offender shall be acquitted,

upon

his

cence, if clear

proof of

his guilt be not

own oath of inno made by TWO wit

nesses at least; thus, in fact, introducing a modification of the former law, not for the protection of the slave, BUT FOR THE

ESPECIAL BENEFIT OF ACRUEL MASTER OR OVERSEER
II.

!

!

!

SLAVE CANNOT BE A PARTY TO A CIVIL SUIT. been shown in a preceding part of the sketch, that a slave can neither acquire nor retain property, as his own, con It results, therefore, that he trary to the will of his master.
It has

A

suit

cannot be a party to a civil suit, for there is no species of which does not, in some way, affect property.

civil

There is, however, an authority, which for the purpose of convenient investigation may be classed as an exception to the above rule, given by the laws of all the slave-holding states, to
persons held as slaves, BUT CLAIMING TO BE FREE, to prosecute their claims to freedom before some judicial tribunal. I de
sign, therefore, to this subject.
in this place to bring into

view whatever

relates

oldest law of this description, appears to have been adopted by South Carolina in the year 1740. It begins with

The

what has been already extracted, but which
spicuity,
it

for the sake of per
it

enacted, That all Indians, (free Indians in amity with this government, negroes,
will be proper to repeat,
"Be

and negroes, mulattoes and mestizoes now free, excepted,) mulattoes and mestizoes who now are or shall hereafter be in this
province, and
shall
all

their issue

and offspring born or

to be born,

be and they are hereby declared to be and remain for ever hereafter absolute slaves, and shall follow the condition of the

mother, &c. &c.
ful for

Provided, that

if

or mestizo, claim his or her freedom,

any negro, Indian, mulatto, it shall and may be law

such negro, Indian, mulatto or mestizo, or any person or on his or her behalf to apply to the judges persons whatsoever,
of his majesty s court of common pleas, by petition or motion, either during the sitting of the said court, or before any of the
justices

of the

same

court, at

any time

in vacation.

And the

said

court, or any of the justices thereof, shall, and they arc hereby to be guardian fully empowered to admit any person so applying

77
any negro, Indian, mulatto or mestizo claiming his or her or their freedom, and such guardian shall be enabled, entitled and capable in law to bring an action of trespass, in the nature of
for

ravishment of ward, against any person who shall claim pro perty in, or who shall be in possession of any such negro, In

and the defendant shall and may plead the general issue in such action brought, and the special matter may and shall be given in evidence, and upon a general or spe
dian, mulatto or mestizo,

verdict found, judgment shall be given, according to the very right of the cause, without having any regard to any defect
cial

in the proceedings, either in form or substance. And if judg for the plaintiff, a special entry shall be ment shall be given

made, declaring, that the ward of the plaintiff is free, and the jury shall assess damages which the plaintiff s ward hath sustain
give judgment and award execution against the defendant for such damages, with full costs of suit; but in case judgment shall be given for the defendant, the
ed, and the court shall

said court

is hereby fully empowered to inflict SUCH CORPORAL PUNISHMENT, NOT EXTENDING TO LIFE OR LIMB, On the Ward of the plaintiff, as they in their discretion shall think fit. Pro

vided, that in any action or suit to be brought in pursuance of the direction of this act, THE BURTHEN OP THE PROOF shall lay

upon the plaintiff, and it shall be always presumed that every negro, Indian, mulatto and mestizo, is a slave, unless
the contrary be
shall

made

to appear, (the Indians in amity with this

government excepted, in which case, the burthen of the proof be on the defendant.)" 2 Brevard s Digest, 229-30.

In George, the act of assembly of May 10, 1770, is almost literally a copy of this of South Carolina. See Prince s Digest,
446.
It is impossible for any humane and reflecting person to ex amine the provisions of the above law, without the conviction of its injustice ana cruelty. The negro, &c. claims to be free,

and yet he can bring no
restrain

him

suit to investigate his master s title to of his liberty, unless some one can be found mer

ciful enough to become his guardian, subject in any event, to the expense and trouble of conducting his cause, and in case of a

78
His judges and jurors will in all be slave-holders, and interested, therefore, in some probability measure, in the question which they are to try. The whole community in which he lives may, so few are the exceptions,
failure, to the costs of_ suit.

*

be said to be hostile to his success.

words of the
he
is

act,

the burthen

presumed
This
is

to be a slave to

Being a negro, &c. by the of proof rests upon him, and till he make the contrary ap

pear.

white witnesses,

as has

be effected through the instrumentality of been just shown, exclusive of the testi
are not white, even though they

mony

of those

who

may

be free
all

and of the

fairest character.

And,

lastly,

notwithstanding

these obstacles to the ascertaining of the truth of his allegations, the terror is superadded, should he not succeed in convincing
the guardian" (in a trial by an act passed in 1802, a slave," (who may have been illegally imported into the for freedom) state, and is, on that account, by the same law, declared to be free,) claiming his freedom, shall be liable to double costs of suit, if his action shall be adjudg ed groundless; and shall be liable to pay to the bona fide owner of such slave, all such damages as shall be assessed by a jury and adjudged by any court of
In South Carolina,
"of
"

*

"

2 Brevard s Digest, 260. And in Maryland, the attorney, in a freedom, must pay all costs, if unsuccessful, unless the court shall be of opinion that there was probable cause for supposing that the petitioner had a right to freedom. Jlct of Nov. 1796, chap. 67, 25. And, on such a trial, the

common pleas."
trial for

master (the defendant)
rors.

is

Ibid.

24.

The same

allowed twelve PEREMPTORY challenges as to the ju spirit of hostility to the claimant for freedom is
"

freedom,

manifested in Virginia, where, if the claimant shall

for aiding

and

fail in

his suit, a fine of

abetting a slave in a trial for one hundred dollars is

imposed. 1 Rev. Code, 482. Missouri has concocted a strange mixture of lenity and rigour, in a law on this subject. A person claiming his freedom, may pe tition the court, &,c. praying that he may be permitted to sue as a poor person,

and
"

is founded: and stating the ground upon which his or her claim to freedom matter to autho if in the opinion of the court, &c. the petition contains sufficient rize the commencement of a suit, the court, &c. may make An order that such

coun person be permitted to sue as a poor person, and may assignee petitioner &c. 1 Missouri Laws, 404. The privileges of suin^ as a poor person, and sel,
of having counsel assigned by the court, are worthy o/ great commendation, and present an enviable contrast to the ferocious spirit of the South Carolina and Georgia acts; yet it is made to depend upon the (Arbitrament of the court, or even of a single judge, whether the petitioner shall k heard by a jury at all. In of the Missouri Alabama, the legislature have adopted the objeciionabk parts Toulmin x Digest, while the benejidal provisions have been OMITTED! law,
!

632.

which sentiment is strongly inculcated by the first article of our political catechism. in all soberness. obtains. before the court. the bill of rights he laid it down as a general position. to a free &quot. (all of whom were for freedom.&quot. thought fit. and that there were gradual shades of difference in colour between the grand-mother. &c. to which the case was reviewing the decision of the chancellor. with the single exception which will be hereafter noticed. compared with feast of Damocles the terms of mercy contained in this act. judgment: This court. and moreover. not approving of the in his decree s principles and reasoning same made in except so far as the relates to white persons See. in peals. and where. to of an infliction of any extent short of capital execution.* Such legislation forcibly reminds us of the no crime ! though. Thus.&quot. In_Virginia. The harsh and unreasonable doctrine which presumes every negro.! perceiving from his own view. page 37. mother and grand-daughter. whose descent was traced On Indian woman. I believe. the late chancellor. yet so is the law as established by judicial decisions. in all the slave-hold ing states. the conduct of Dionysius was supreme beneficence. on the ground that freedom is the birthright of every human being. as the reporters say. one of the signers of the Declaration of our Independence. supra. in order to cast a stigma upon the just him.79 the judge and jury of his right to freedom. f The Honourable George Wythe. the hearing. it may be said. corporal punishment or the deprivation of a limb!!! And in Georgia.. to go beyond the ac customed line of its duty. it will be according to the terms of the constitution already quoted. where in suits brought by several persons. to be a slave. that whenever one person claims to hold another in slavery. that the youngest of the appellees was perfectly white. determined that the appellees were entitled to their freedom. * final &quot. . The supreme court of ap afterwards carried. the onus probandi (burthen of proof ) lies on the claimant.) and considering the evidence in the cause. The following is a position which had been asserted by copy of the chancellor this cause. there is no statute to this effect. (( should death happen by accident in giving this legal (moderate) correc tion.

had long hair and prominent were ascertained by the and inspection. Gobu. The report of this principle is recognised. and that the defendant. by proof acquiesce in the rule laid down by the following charge: nose. citizens of this state. and. (6 Gobu } I Gobu &quot. 3 Trespass and false imprisonment. Curry. sted s Reports. while those of are mixed blood. 1 64. but claiming him as her slave.I defendant s black person being a slave. P^ ea tnat tne plaintiff is a slave. &amp. was placed in a barn. affirms the Wright. when an infant apparently about eight days old. (decided November.80 and native American Indians. the case. 2 Bibb s Reports. s 1 Henning $? Munford s See the case. found him there and conveyed him home. in New Jersey. m i f i It appeared in evidence. 3 Harris the Vestry of William and Mary s Parish. and discovering no other error in same. Hudgins Reports. this doctrine is received with some limi tation. treating him with humanity. then a girl of about twelve years of age. who have been and now are held as slaves by the vs. mestizoes. Sec. Gobu vs. 1821. so. The plaintiff was of an olive colour.. case of negro Mary vs. a similar decision has been made. so far as the same relates to native Africans and their descendants. &c. that the plaintiff. between black and yellow. 133 to 143. 8?c. 8? In Maryland. . 253. the said decree. 2 Hal- M Henry Reports. and had kept possession of him ever since. Davis vs. and on this account. The case itself unique. 238. as well as to display the (as far as respects the is mixed sound reasoning of Chief Justice Taylor. until the contrary is proved. with respect to the presumption of every It is so. BUT ENTIRELY DISAPPROVING thereof. mulattoes. Morse.&quot. the presumption being confined to negroes of the whole blood. blood) transcribed at large. upon which the judge gave the court. because the negroes origi nally brought into this country were slaves. by some person unknown. 501-2. and their descen dants must continue slaves until manumitted by proper authority. in Kentucky. counsel.gt.) In North Carolina. These facts &quot. Gibbons vs.&quot. in presumed which free. is given in 1 is Tay lor s Reports.

as the right to hold them in slavery. With what propriety of reason ing. in legal Even contemplation. See 2 Haywood s Reports. therefore. But I am not the force aware. 170. whenever a fit case has been brought to public notice. as citizens. or at least in the maternal. that every black person should be presumed to be a in relation to persons of slave. even in the laws of our country recognise their is power of the government has been wielded for their protection. and I do not think it reasonable that such a doctrine should receive the least countenance: such persons may have descended from Indians in both lines. Slavery is an institution which s all It violates every man sense of right: it is at profess to disapprove. ought to be presumed. in all which cases. 11 . raise a presumption against their liberty. so that it may be con sidered as the settled law of North Carolina.81 If. more especially. or to those of any colour between the two extremes of black and white. a person of that description claims his freedom. if it exists. the offspring following the condition of the mother. then. they may have descended from a white person in the maternal line. those who think it desirable to perpetuate slavery who think it tor with reason no evil to degrade and brutify a being endowed by his Crea need apprehend no violation of their legal * The doctrine of this case was afterwards confirmed. and the entirely free. in relation to persons of mixed blood. variance with the Its existence. therefore. that the doctrine of presumption against liberty has been he must establish his right urged. to it by such evidence as will destroy of the presumption arising from colour. more than this it is well known that a large number of black persons the slave-holding states right to freedom. that their colour should. they ought not to be deprived of it upon mere presumption. cannot but dissent from the specious reasoning. I distinguished jurist. But. is entitled to freedom. While I freely subscribe to the soundness of the views of this mixed blood. Considering how many probabilities there are in favour of the liberty of these persons. is in most instances capable of being 7* satisfactorily proved. or from mulatto parents originally free. can it be urged. by which it is inferred. in no case genius of our government.

Is this just? Does it become a free and enlightened people thus to de and over-cautious. to satisfy the requisitions of the law. from the proceeds of the the means of defraying the expenses of their detention in prison. against such a deception? and. as slaves. and &quot. is not an intelligent creature. is must always be the in a time limited by law case. when a communication of this nature is made. Will it be alleged. by the law of the land! Supplemental evidence is unnecessary a forged bill of sale may be a convenience to satisfy the timid the supreme wisdom of man deems any thing more than. What greater diffi culty can exist. source of the abominable crime of man-stealing a crime which. in his custody. how he obtained him. at times. and if documentary evidence of their right to freedom cannot be immediately produced by them. in regard to the ownership of a slave. the jailer is directed Should no owner. appear with to dispose of them. be perpetrated by transferring a freeman as a slave? But. or by what authority he claims any proof him as a slave. is presumed so to be. done. The wretch who.colour quite superfluous. am the more strenuous in all nations. steps in . all ought I it not to be heeded? in opposition to this doctrine of pre because it is obviously the fruitful sumption against liberty. capable of admonishing a purchaser. Inspection notifies to every beholder. seems to have been viewed with abhorrence. endowed with the faculty of speech. is and within the limits of a exempted from the necessity of making slave-holding state. manumit ted and other free persons of colour. unless injustice for the purpose. at public auction. than obtains in regard to the own rights of property. however respectable their characters. that the unhappy person said to be a slave. in order to derive unclaimed fugitive sale.82 by a contrary doctrine. and advertised as as runaway slaves. with a is enabled to exhibit a person of African extraction colour not his own&quot. but the law cree thus to injure? By the laws of several of the slave-holding states. that fraud may ership of ordinary chattels. may be arrested when in the prosecution of lawful business. they are thrown into prison. visited with severe penalties. by art or force. The unrighteous doctrine of presumption from colour.

shall give good and sufficient security to answer the premises the next court that shall first ensue in the said county.&quot. be fore such magistrate. she or they. of a free black man.&quot. are doomed to hopeless bondage. and REFUSE TO PAY THK SAME. commuted for six dollars. any of the said persons. shall be seized by any per son or persons within this province. in consequence of the arrest and imprisonment. &quot. he. seizing or taking up such runaways. and that notice may be conveniently given to by the master. and if such suspected runaway or runaways be not servants. that all per- . and the freeman and his posterity See 2 Brevard s Digest. she or they shall MAKE SATISFACTION BY SERVITUDE OR OTHER WISE. shall be deemed and taken as a runaway.) owner of such runaway servant. &quot. until such person or persons and apprehended. shall have and receive two hundred pounds of tobacco. all and every such person or persons as aforesaid. that any person or persons whatsoever within this province. shall suffer such fines and penalties as are hereby provided against run a ways. in the District of Columbia. shall be so apprehended and taken up. as this act is required. he. it shall be and judgment of such magistrate or magistrates before whom such person or persons as aforesaid shall be brought. the commissioners of the counties shall forthwith cause a note of the runaway s name. 81. a citizen of the state of New York. as the justices of the provincial and county courts. &quot. so apprehended and taken up. not being able to give a sufficient account of them selves as aforesaid. Mississippi Rev. fit. such person or persons. and if. Section 7. her or them. it is 1715. to be set up at the next adjacent county courts. to secure and dispose so seized of.* The laws of Maryland here referred to. I am induced to transcribe them in this place. chap. shall think act of 1806. except such person shall make satisfaction as aforesaid before such court shall happen. * Laws of Maryland. 235-6-7. such person or persons so taken up.83 and consummates the iniquity. negro or slave.&quot. as he shall think fit. travelling without passes as aforesaid. or one shilling in money. &c. so seized and apprehended as aforesaid. him. a pass under the seal of the said county. to be brought be fore the next magistrate or justice of the county where such runaway is appre hended. where such person That at Section 9. 44. without &quot. having excited much attention. shall bring or cause him. travelling out of the county where he. (by to be paid by the 5. The sixth section of the act of And for the better discovery of runaways. dame or overseer of runaways taken up as aforesaid. which to the party that shall so court shall secure such person or persons till he or they can make satisfaction apprehend or seize such runaways or other persons. for which they are to pay ten pounds of tobacco. runaways. named Gilbert Morton.And for the better encourage ment of all persons to seize and take up all runaways. who is hereby empowered to take into custody or otherwise. &c. what time soever. and at the provincial court and secretary s office. Code. chap. she or they shall reside or live. not being sufficiently left to the discretion known or able to give a good account of themselves. reads thus: hereby enacted. such person or persons so apprehending or seizing the same. to judge thereof. 376-7. mistress. her or them. if apprehended.

the gaoler himself would. a bounty to the sheriff or gaoler. for the sustenance of the suspected runaway during it The lure held out by the act to the gaoler. are left without relief. such sheriff or gaoler shall be liable to an action of false imprisonment. . It offered. 2 act of 1802 (November session) (&amp. 1719. and if such person can. in case the person detained was not a runaway.84 act of 1715 (April session) chap.. The latter part of the disjunctive was naturally preferred.. it shall not be lawful for any such sheriff or gaoler to hold such person in custody longer than six mont/is. or to supply its defects. may be subjected to imprisonment and amercement. whether white or black. When any person or per sons (except negroes and mulattoes} shall be found travelling without passes as aforesaid. so many days as he. at any time within the said six months. and no more. 2. by neglecting to give notice of the imprisonment of a suspected runaway. if entitled to be free. upon whites unhappily circumstanced so as to come within the terms of the previous enactments. she or they were in custody of such sheriff or gaoler. who may be found travelling without passes. Iniquitous as this law is. her or them twenty days in lieu such sheriff or gaoler shall detain such person in prison after thereof.gt. and paying unto such person or persons who took up such person two hundredpounds of tobacco. at the discretion of a magistrate. be made to suffer the loss of such ex pense as might be incurred his imprisonment. that &quot. and in whose custody. therefore. indeed. or if a runaway should not be demanded by his master. and if any such order of the justices aforesaid. with a severity altogether at variance with the spirit of a free government. would not be equal to the gaol fees. introduces a provision by which they may be restored to freedom. procure a certificate or other justification that he or she is no servant. or otherwise pay ing ten pounds of tobacco per day to such sheriff or gaoler for THEIR IMPRISONMENT FEES. for the legislature to repeal the act. sons may view the same. and yet negroes and mulattoes. and payment often pounds of tobacco per day as aforesaid.&quot. and. even though an absolute slave for life. 7 4 9 act of 1719 (May sessioji) chap. who. he or she serving such sheriff or gaoler or his assigns. he or she shall and may. by order of any two justices of the county where such person is committed to prison. 44. and by any justice of the peace committed to the custody of any sheriff or gaoler within this pro vince. ch. and see where sush their servants are. after reciting. on the eighth Whereas by the act of assembly reday of June. or the expiration of six months. with the same rights.&quot. &quot. and all such. it is obvi ous that the object of the legislature could not be reached by it. and shall be taken up as suspected runaways. might protract such imprisonment till the value of his services. And yet without some further legislation. But the last section of the same act. or serving him. be discharged from any fur ther imprisonment. out of the county where their residences are. and became necessary. probably produced Ijy the abandonment of the slave in some instances the master. while it bears. 96. The foregoing sections apply equally to the cases of all persons. 2.

.} chap. and after such pay ments made. for the time he has kept such servant or slave in his custody. might be unable or unwilling to redeem him. persons. to proceed to sell and dispose of such servant or slave to the highest bidder.85 111. refuses or delays to re imprisonment fees. by him to be appointed. or two months notice if if living in any of the neighbouring provinces. the most unprincipled sheriff should have been content. but the interest of all other apprehend and to commit to prison coloured persons especially for these might be detained for a longer period than six months. And by prolonging the imprisonment until the fees should be swelled to nearly the value of the prisoner. committed into his custody. any runaway servants or slaves. THE BENEFITS is OF EDUCATION ARE WITHHELD FROM its THE SLAVE. and at such time and place by him appointed as aforesaid. In no country and education more highly valued. after one month s notice given to the master or owner thereof. where the master or owner of such servant or slave. by setting up notes at the church and court-house doors of the county where such servant or slave is in custody. not less than ten days after such time limited as aforesaid being expired. indeed. in many instances. having due notice of such servant s or slave s being in the custody of such sheriff. or any provision made what benefits lating to servants 1 slaves. and also such other charges as have accrued or become due to any per son for taking up such runaway servants or slaves. or hereafter shall have. deem such &quot. by paying their province. such sheriff is hereby autho rized and required (such time limited as aforesaid. Upon the enactment of this law. That.&quot. whether free or It not. to pay himself all such IMPRISONMENT FEES as are his just due. such sheriff shall only be accountable to the master or owner of such servant or not otherwise. and pay or secure to be paid all such imprisonment due to such sheriff from the time of the commitment of such servants or slaves. fees or reward as has become due to any person for taking up such runaway servant or slave. if living in this servant or slave. of1719. and the sheriff or gaoler was indemnified in the same manner against the loss of his imprisonment fees. slave for such residue or remainder as aforesaid. being expired) immediately to give public notice to all persons. every sheriff that now hath. if a slave. the master. and the sheriff s sale. (May session. and such other charge as has or may accrue for taking up such servant or slave. which in such case is autho- . and out of the money or tobacco which such servant or slave is sold for. not only his interest.&quot. such master or owner of such servants or slaves do not appear within the fees time limited as aforesaid. of the time and place for sale of such servants or slaves. 2. the right of the taker up to his legal reward and other charges was secured to him by a LIEN ON THE BODY OF THE PRISONER. to became. there is not shall be done with such runaway servants or slaves that now are or hereafter shall or may be taken up and committed to the custody of any sheriff within this province. of their being in his custody. enacted. if any residue shall remain of the money or tobacco such servant or slave was sold for. and also to pay such other charges. &c. act and Laws of Maryland.

and to make particular and minute description of the person. &quot. and pay or secure to be paid all such legal costs and charges as have accrued by reason of apprehending. re Shortly after the date of the cession. then it shall be the duty of such sheriff. entitled &quot.&quot. of advertising as aforesaid. And should the runaway not be a slave. and. to his and eventually. her or their behalf runaway.&quot.86 more generally diffused. &quot. to cause the same to be advertised in some public newspaper or papers printed in the city of Baltimore. within fifteen days after such commitment. the prevalence of a practice of. and the act of 1792. of prolonging the imprisonment of persons apprehended as runaways. be turned to the account of some favourite of that collusion. any runaway being committed to their custody. &quot. 72. passed the twenty -second An ad to restrain the ill practices of sheriffs. and to continue the same therein until the said runa way is released by due course of law. &c. shall not apply for such runaway within the space of sixty days from the time &quot. (November session. ch.And if no person shall apply for such runaway. aided by the provisions of this increased. as it will be perceived. to this general assembly. and where others like him are daily the facility with which his imprisonment. and in such other public manner as he shall think proper. the city of Washington. The act sets forth. on the part of sheriffs. to cause the same to be advertised in the Maryland Herald and Maryland Journal. day of December. might be rendered profitable to the sheriff. See. upon and to direct their conduct Whereas it is represented &quot. Maryland s Laws of1792. it shall be the duty of such sheriff and he is hereby . 72. upon any runaway servant or slave being committed to his custody. to cause the same to be adver some public newspaper within twenty days after such commitment. to the great injury of owners. to cause the runaway to be advertised as heretofore directed. &. and to make par ticular and minute description of the clothing.c. rized. imprisoning and advertis ing such servant or slave. person and bodily marks of such If the owner or owners. he is made merchandise presumed to be so. In that part of the District of Columbia which was ceded by the state of Maryland to the federal government. is evidenced by an act of assembly. tised in within the space of thirty days from such commitment. and the town of Easton. That it be the duty of the several sheriffs. that the sheriffs of the re the spective counties have neglected to advertise runaways. which. would be greatly But whatever may have been the true cause.} chap. if residing on the Western Shore. act. clothes and bodily marks of such runaway. within sixty days from such commitment.&quot. in the Maryland Journal and Georgetown Weekly Leger. the whole of these laws are still in force. therefore. 1792. from his colour. &quot. in a land where. than in the United it States. however. The con stitutions of nearly all the states. 2. if residing on the Eastern Shore. that respecting runaways. by suspected own pecuniary advantage. or some person in his.&quot. yet. in principle sheriffs (re spectively) of the several counties of this state. the legislature of Maryland the act c/1719. supplying their place pealed by the following regulations. ch. could easily make the duty of the respecofficer. are That it shall be the duty of the the same as the repealed acts.

) chap. and immediately by advertisements^ to be set up at the court-house door and such other public places as he shall think proper. in the county where such servant or slave is in custody. of the time and place for sale of such servant required and directed to give public notice or slave. Whether such power a proper exercise of it. Laws of Maryland. as servant or slave shall be committed to the gaol of any county in this a runaway. above transcribed. before it shall be lawful for the said court.. but if said judge shall not have reasonable ground to believe such such suspected runaway suspected runaway to be a slave. by such whether such suspected runaway be a slave or not. had been found inconvenient to takers-up and sheriffs. and dispose of such servant or slave to the highest c/1802. with his commitment. Any court or any judge or justice of this state. he may remand such suspected runaway to prison. 1803.) By recurring to the sections of the law of 1715. and if he shall have reason able grounds to believe that such suspected runaway is a slave. and no person or persons shall have applied for and claimed said suspected runaway. agreeably to the laws now in force. or whether ingly committed to prison. (chap. and be accord had been abused.and if no shall apply for such suspected runaway after person . whether the person ap^r^KelioreiiTZ^aTuna^ay snouH be deemed such. required to examine and inquire. adequate to the wants of the Common schools are. judge or justice to discharge the said negro or mulatto from the custody of the person or persons detaining the said negro or mulatto as a runaway. 63.87 tive legislatures to establish and support seminaries citizens. it shall be the duty of the sheriff forthwith to carry such slave or slaves before some judge of the county court or is hereby judge of the orphans court. bidder. for their detention expired. shall be satisfied. I will not position presume to conjecture. he shall cause such notice to be given by the sheriff to such supposed owner. The barbarous severity to coloured persons which pervades the whole of the laws of Maryland on this subject. as he may think most advisable. by competent testimony. in 1810. he shall forthwith order to be released. that the said negro or mulatto is not a runaway. and if he shall have reason to believe that such suspected runaway is the slave of any particular person.Hereafter.) legislative was called into action in the following extraordinary measure : inter &quot. it will be seen that magistrates were empowered to decide. when any state. (November 1 fcf 2.&quot. her or their title to such suspected runaway. 96. It is in these words: &quot. (passed 8th of January. but. to proceed to sell such savant or slave. 1. and at such time and place shall proceed to sell session. and the notice re and the time quired to be given by law by the sheriff shall have been given. and proved his. for learning. and such judge means as he may deem most advisable. ed as aforesaid by him to be appointed. has at length been somewhat softened by an act passed February third. as is now required by law. to be confined for such further or additional time as he may judge right and proper. before whom any negro or mulatto shall be brought as a runaway. in their discretion. 1818. otherwise than by a commitment to the gaol of the county of which he is a judge or justice. not less than twenty days after the tune limit has expired.&quot.

though in a less direct Virginia manner. Be it enacted. make from On the contrary. 243. . tended with great inconveniences. or houses. within the time for which he may be remanded. or any other place. be perhaps in all tween white and coloured children. as other county in either case. 455. also. Her Revised Code of 1819. may be at &quot. That all and every person and persons whatsoever.88 &quot. South Carolina may lay claim to the earliest movement in In 1740. but schools are constantly maintained for the reception and instruction of poor children of every class and complexion. Laws of Maryland. twenty pounds That all meetings or assemblages of slaves or free negroes or mulattoes mixing and associating with such slaves at any meet ing house. and when such suspected runaway shall be discharged. the extracts which I shall the laws of these latter states. will satisfactorily de monstrate the truth of the proposition at the head of this section. every such person or persons shall. the said sheriff shall. for every such offence. by act of 1770. or suffering Whereas the having of slaves taught to them to be employed in writing. he may be so remanded. relieve and discharge such suspected runaway. &c. and prove his. at the expiration of such time. 6. or shall use or employ any slave as a scribe in any manner of writing what soever hereafter taught to write. forfeit the sum of one hundred pounds current money. I might add. provided for the education of the poor gratis. 112. slave enacted this law: write. expenses are now levied&quot. namely. ral. or at &quot. from the free negro also. reiterates an enactment. 2 Brevard s Digest. while yet a province. Prince s Digest. In seve of the free states. In none of these do the laws interpose to afford any aid or faci lity for the acquisition of learning to persons of colour. except as to the penalty. December session of 1817. in the night. her or their title as the law now requires. she legislation on this subject. has attained the same end. chap. whether A slaves or freemen. no distinction is made in the distribution of the public bounty towards this object. that the benefits of education are withheld from the and. who shall hereafter teach or cause any slave or slaves to be taught to write. which is sterling. different policy began very early in the slave-holding states. the expense of keeping such runaway in confinement shall be levied on the county.&quot.&quot. similar in Georgia.

&c. 2 Brevard s Digest.&quot. enacting. Code.&quot. &c. contained in the law already cited. But besides acts of assembly. punishment. And another section of the same act declares.That it shall not be lawful for any number of slaves. Rev. &c.89 any either in the school or schools for teaching them reading or writing day or night. whether &quot. to meet together for the purpose of mental in struction. may inflict such corporal free negroes. composed of all or any of such description of persons. shall be deemed and considered an unlawful assembly. is (are) declared to be an unlawful meeting. not exceeding twenty lashes. may be. upon such slaves. met together for the purpose of mental instruction in a confined or secret place. may issue his warrant directed to any sworn house or officer or officers. not exceeding twenty lashes. These ordinances seldom meet the eye of the inhabitants of other 12 . or of all or any of the same and of a proportion of white persons. S^c. of such unlaw ful assemblage. &c. many of the towns and cities are invested with authority to make ordinances which have the force of law within their respective corporate limits. &c. for the purpose of apprehending or dispersing such slaves. &c. mulattoes and mestizoes. and to inflict tion of 1 corporal punishment on the offender or offenders at the discre any justice of the peace. &c. to break doors. 2 JBrevard s Digest.&quot. are hereby required. &c. wherein such assemblage shall be. an act of assembly was passed in 1800. and magistrates. &c. mulattoes or mestizoes. under whatsoever pretext. free negroes. either before the rising of the sun or after the going down of the same. as they may judge necessary for DETERRING THEM FROM THE LIKE UNLAWFUL ASSEMBLAGE IN FUTURE. &quot. free negroes. &c. which in general apply to the whole territory of the particular state. &c. 254. So in South Carolina. either from his own knowledge or the information of others. to enter into such confined places. 254-5. 424-5. and to disperse such slaves. authorizing him or them to enter the houses where such unlawful assemblages. and the officers dispersing such unlawful assemblage. even in company with white persons. That assem blies of slaves. &c. free negroes. and any justice of a county. &c. if resisted. in addition to the highly penal restraint upon the education of a slave.

at the call of his master. and em braces not the case of the slave merely. it no surprise. a brief notice of one. that teaches any person of colour. hand. for the well-being of our fellow creatures. that a slave capable of reading. One of the plain dictates of the Christian religion. in Georgia. or to be imprisoned ten days and whipped it will be perceived. Probably the editor of the Port Folio copied the language of a Savannah paper. secure to him no of time in which he may employ himself at his pleasure. and every person of colour who shall keep a school to teach reading or writing is subject to a fine of thirty dollars. in most of the His life is ordinarily passed in inces states. IV. reading as well as writing. largely . his bodily ener gies are exhausted without an instructer and without books. THE EFFORTS OF THE HUMANE AND CHARITABLE TO SUPPLY THESE WANTS ARE DISCOUNTENANCED BY LAW. portion He is awaked from his slumbers. The city has passed an ordinance. &quot. must be. page 325. It is. The laws. if a slave having the ability to read ought to excite But or write. till night has closed around him. 1818. is a regard . adopted by states. Hard-worked. by which any person toreador write. indeed. could not be found within a slave-holding state. as I have already shown. having relation to the subject in the councils of the city of Savannah. in the Port Folio for Jlpril. and scantily fed. THE MEANS FOR MORAL AND RELIGIOUS INSTRUCTION ARE NOT GRANTED TO THE SLAVE ON THE CONTRARY. and I shall therefore transfer it without altera tion. or causes such persons to be so taught. legislative obstacles to his With such of law. a prodigy indeed. the law of the state. thirty-nine lashes!!!&quot. often sant toil. inasmuch prohibitions beyond as it places under the ban. slaveorfree.) he must of neces (for he has sity remain for ever ignorant of the benefits of education. before the dawn of day he continues his heartless labour. the condition of slavery is apart from these obstacles such. not the means to procure them.90 however. extends its negro. I find. This ordinance. but also that of the free. is subjected to a fine of thirty dollars for each offence. with but slight intermissions for rest and food. mental improvement.

namely. that a negro. at all commensurate with the religious wants of the slaves. the rude mind of the slave could not taste comprehend a discourse designed for the refined and enlarged capacity of the master. law. therefore. is in general entirely withheld from the slave. shuts out from It has him the knowledge of the means of his salvation. the know of its precepts and promises will promote the happiness endowed with reason has a soul which for immortal. and especially that laws should be made and enforced to prevent the exaction of labour . yet in none of the slave-holding states are any facilities No time is secured to the slave by &quot. prevents the exercise of this privilege to an extent. no place provided where he can assemble with his fellows to hear the glad tidings of salvation&quot. preached. and must be deemed accountable unto GOD.&quot. that. Christianity demands that these unfortunate beings should be taught to read that build ings should be erected for their assembling together to worship their Creator that teachers who are willing and qualified to ad minister to their spiritual necessities. in the allusion is last chapter. of white inhabitants. mental instruction. I apprehend. that one of the means I to here made. He cannot be ex to learn the scriptures. no other impediment existed. the deeds done in the body. No ledge both here and hereafter of every accountable creature. pected. human family is &quot. It is idle to talk of accompanying his master to church such a spectacle. nor will such a one deny. except for the The paucity of places for special convenience of the master. both in the Old and New Testament. compared with the number worship. extends. except as an auditor. so to do. been shown. How can such a belief be reconciled with a practice which forbids to the slave access to the gospel . which And afforded for this purpose. which. should be encouraged to dedicate their time and their talents to the pious service that rest should among be allowed to the slave at the seasons usually allotted Christians for religious worship. is rarely exhibited. if Besides.91 insisted upon as a duty. as far as the master s power. in the slave-holding states. is a member of the is believer in the Christian religion can doubt. though a slave.

section begins with a recital. Jefferson philosophically true. with the protect reli it is gious societies in the exercise of their religious duties. among the labouring class of whites.for ordering and governing slaves. with dangerous consequences. The disposition to sleep which is thus indicated as characteristic of the black. but the editor of the Digest. either to go in person. It is But with the accurate knowledge which Mr.* by sleep. &c. that he should have omitted to include as a reason why the slave. Whereas the frequent meeting. &c. Jefferson. the reverse of this picture will. . and to impose a fine on the sons offender. it seems strange. &quot. and proceeds to enact. should be disposed to sleep. makes the fol In general. &c. be from the slave found true in most respects. under pretence of divine gation or company of negroes shall. that his senses are overpowered the moment his body ceases to be active. he may be imprisoned.&quot. &c.&quot. speaking of 1 in his &quot.92 to such a degree. and in default of payment. I do not dissent from this doctrine. slaves. when &quot. .That it shall be lawful for every justice of the peace. of slaves under the pretence of feasting may be attended &quot. 342. &c. 1792. their existence appears to participate more of sensation than reflection. worship. re quired of every justice of the peace.&quot.&quot. and every civil officer of a county being present. Georgia. as that intended to be designated by the legislature. To this must be ascribed their disposition to sleep when whose body course.&quot. abstracted from and unemployed in labour. If the practice of the slave-holding states is in accordance with the laws.&quot. assemble themselves contrary to the act regulating pa Prince s Digest. the law here referred to as the act regulating patrols. 1770. no congre &c. as his diversions far as I am able to ascertain. quotes the seventh section of an act passed May 10. is equally observable.To 13. &c. must be disposed to sleep of See Answer to Query 14. Notes on Virginia. December In a law enacted by the state of title &quot. This &c. possessed as to the actual condition of the slave. whom I presume to be fully competent to resolve the difficulty. it is believed. abstracted from their diversions and unemployed in labour. lowing remarks: * or information received. &c. I have not been able to discover trols. yet the same laiv concludes in these words son who &quot. upon his own knowledge Mr. the fatigue induced by the severity of his labour. to take into custody any per shall interrupt or disturb a congregation of white per assembled at any church. &quot. An animal is at rest and who does not reflect.

as often as may be. sheriffs. slaves. before nine o clock in the evening. wherein shall be assembled &quot. e. to meet together and assemble for the pur pose of mental instruction or religious worship. to furnish them (i. immediately be corrected WITHOUT TRIAL. in a spirit which I by no means condemn.together for the purpose of divine worship. militia officers. 386-7. &c. And all magistrates. directed to any constable. to break into a place of meeting. are hereby assemblies. with the aid of the twenty-five lashes of the cowskin. &c. by a section already in part extracted. mulattoes or mestizoes. the most stupid negro enough to comprehend their meaning. switch or cowskin&quot. 254-5. for dispersing such 2 &c. shall and may by order of such justice. to command any number of persons as (ivhicti) they shall see convenient. provided a majority of them shall be white persons. free negroes. Prince s Digest. &c.&quot. by receiving at on the bare back twenty -Jive stripes with a whip. the members of any religious society of this state. as the act recites. even in company with white persons. yet. Three years afterwards. not will be rendered apt a little enigmatical. has adopted the following as a standing rule for the govern ment of the penitentiary. of certain religious societies.&quot.* in relation to the &c. and every slave which shall be found and taken or to their assistance such meeting as aforesaid. Sundays. yet in effect. It shall be the duty of the keeper. the same state. &c. vested with power. the rigour of the act of 1800 was slightly abated by a modification. . was made in 1800. Brevard s Digest. 447. the convicts) with such moral and religious books as shall be recom mended by the inspectors to procure the performance of divine service on &quot. to disperse ANY assembly or meeting of slaves which may disturb the peace or endanger the safety of his ma jesty s subjects. &c. upon the petition. It shall not be lawful for any number of section reads thus: &quot. or otherwise to dis* And while in Georgia slaves are thus discouraged from assembling. &c. The terms of this prohibition meeting of slaves for divine worship. which forbids any person. it must be admitted. See rule ISthfar the internal government of the penitentiary of Georgia. either before the rising of the sun or after the going down of the same. are. In South Carolina. 1 The suspect.93 by warrant. Prince s Digest. a prohibition though not absolute in its terms. it must have been nearly so.

in case a magis trate shall be then actually within the distance of three miles from such place of meeting. very frequently. are declared to be un lawful assemblies. &c. will be at church on any day of public worship. penalty of the twenty-five lashes of the cowskin on his bare back. and inflict corporal punishment on the offenders. to hunt out and disperse the congregations of negro worshippers wherever they might be found. In Virginia. of slaves. quorum of white with much certainty. shall attend. Slaves may. that meetings. at one period. disappointed in his expecta tions of the quorum.94 turb their devotion. unless such person. &c. in the night. acting from a sense of official terruptions by persons. that the cannot. has adopted the law of Virginia. two discreet and reputable white persons appointed may by some regular church or religious society. &c. happen. persons For it must apprehend. 2 Brevard s Digest. it &quot. Mississippi that the master or overseer of a slave may. under any pretext whatsoever. a warrant. it If this latter act yields to the slave a privilege beyond what he possessed be me. &c. which was thus furnished. attend him permission the minister or. Code. by the provisions in assembling for divine worship must consist. &c.&quot. at which be white and regularly ordained or licensed. otherwise the provisions. free negroes and mulattoes mixing. who. &c. in writing. grant however. To remove the pretext the master virtually enfranchised him. to attend a place of religious worship. &e. Mis sissippi Rev. 390. above cited) to remain in full force. that by consenting to the baptism of his slave. the following . of a rite so for withholding the administration commonly practised among Christians. be depended upon. might deem themselves compelled. so entering the said place (of worship) shall have first obtained from some magistrate appointed to keep the peace. with such slaves at any meeting house. in such case. &c. and the civil power may disperse the same. will be at once subjected to the terrible And. well laid on ! ! all remembered. An opinion seems. with a proviso. it appears to of the former 1 act.&quot. to have obtained in many of the states. (of the act of 1800. the poor slave. obligation. 261. at least. or any other place. chiefly in preventing in fore.

that such profession of religion and submission and to baptism. neglect to baptize their enacted. That it shall be. but the proceeding even thus far. D. and that &quot. who brought a liomine replegiando.&quot. any law. a writ by which his title to retain the man as property might l)e The sheriff returned. by receiving the holy sacrament of baptism. or suffer them to be baptized. Since. more than he or they had before. religion may not be made a pretence to alter any man s proper ty and right. The first of these. as an excrescency. to receive thereunto profess the Christian religion. (A. Maryland. That no negro or negroes. 120-1. for any negro. * The doubts which gave lina. which was a man of that country. or suffer them to be baptized. 1686-7) and is there thus stated: Grantham bought a monster in the Indies. (i. fyc.95 brief section was enacted in &quot. according to the language of the preamble.&quot. 8?c. is reported in 3 Mo &quot. &c.&quot. then provides. e. that he had replevied the body.) &c. or any other slave or slaves what soever. is thereby manumitted or set Be free. legally tested. The Indian turns Christian and was baptized. are manumitted and set free. does not appear. shall not be construed to effect an emancipation of any slave. it enacted. BAILED HIM. for fear that thereby they should be manumitted and set free. and South Caro probably originated in two judicial investigations which had occurred in England.* rise to these laws of Maryland. Forasmuch as many people have neglected to baptize their negroes. So in the year 1711. (i. and be 2 Brevard s Digest. 44. deemed a similar act necessary. on a vain apprehension that negroes by receiv ing the sacrament of baptism. and was detained from his master. the legislature of South Carolina. The section baptized. How the case was ultimately disposed of. was calculated to excite a fear. This man he brought hither.: And then the Court of Common Pleas. to England) and exposed to the sight of the people for profit. oblige us to wish well to the souls of all men. 23. dem Sir Thomas Reports. or Indian slave. lest the profession of Christianity and the admi nistration of baptism. usage or custom to the contrary notwithstanding. chap. and that no persons may negroes or slaves. might be decided to entitle the slave to the privileges of a free man. 229. JLct of 1715. a short time previously. e. and is hereby declared lawful. Be it. all but the head. . and the Christian religion which we charity profess. who had the perfect shape of a child growing out of his breast. nor hath any right or title to freedom or manumission. &quot.

for had entered into religion. &quot. being. of course. for the persons baptized are to be confirmed by the diocesan. Giv it is ing to this provision. to procure to his I sick slaves. as appears by Littleton. all kinds of temporal and spiritual assistance which their situation may require. are sufficiently curious to to the use of the church. thereby acquire the privileges and immunities enjoyed by those of the same religion. allowed among infidels. the counsel remarks. . because he was dead in law. I Martin s Digest.It is ob cise the Christian religion.It shall be the one. The like reason may now be given for baptism. whether the baptism of a negro slave. or any other country of infidels. and was professed. V. may be thought to form &quot. &quot. to come to church. when they can give an account of their faith. a final decision was not given. then baptism. as they should is. is plain. then he could not live accord ing to his religion. and if the lord might take him out of his cloister. and Christianity is inconsistent in the time when the Popish reli in those days. then he might send him far enough from the performance of those duties. if the duties which arise thereby cannot be performed in a state of servitude. the baptism must be a manumission.&quot. and be entitled to the laws of vs. 1. in a Christian nation. should be an immediate enfranchisement to them. But the lord hath still an absolute property over him. slave. SUBMISSION In 1696. duty of every owner. gion was established. and if a Christian be so taken. The which had resulted from the former paired. served among the Turks.Being baptized. That such duties cannot be performed. he doth thereby obtain his freedom. unless the following concise enact ing ment of the legislature of Louisiana. where they neither can or will be suffered to exer In conclusion. See 5 Modern Repotis. if a villain. And was allowed even a Christian. is REQUIRED OF THE SLAVE NOT TO THE PRIVITT OB CONSENT OF HIS MASTER. unsuccessful on that occasion. emancipated the WITHOUT THE underwent an elaborate discussion. viz. but a kind of death-bed charity. England. case. yet if he renounce and turn Mahometan. according thereby this made with slavery. And if as this be a custom. as they called it. into Turkey. that they do not make slaves of those of their own religion. the doubts question. Owing to a misconception of the form of the action. and the plaintiff. 610. Christianity this though taken in war. being in corporated into the laws of the land. if and are enjoined by several acts of parliament. were strengthened rather than im The arguments he (the slave) is deserve transcription: of the counsel for the defendant.&quot. 190- Chamberline Hervey.96 know of no exception to the general bearing of the forego laws and observations.&quot. the lord could not seize him? and the reason there given is. before the judges of the King s Bench. the most favourable interpretation.

though he be a free black. that however wanton. act of 1723. shall not this so. and in the defence of the person or property by the OWNER. Provided always. and the owner or other person. of South Carolina. chap. of the slave-holding states demand. shall for the first offence. While the institution of slavery exists.. but of the third In both of these states. shall be answerable the as if the act had been committed by himself. not extending to life or limb. Strict subordination must be exacted from the slave. &quot.&quot. according to the directions of this act. yet there. every thing like re sistance to the master s lawful authority should be decisively checked. OR OTHER PERSON having the care and govern of ment of such slave. or dangerous may be the attack upon the slave. They go indeed. 235. may direct the offender s ears to be In Kentucky. however. the slave shall be wholly ex cused. which shows plainly. than is here granted they demand that the life of the slave shall be in the master s keep ing that the slave having the physical ability to avoid the in fliction of a barbarous and vindictive punishment by his master. that such striking. be not done command. same general principle is recognized. suffer DEATH. and be permitted to do with but in little consideration as to motives. in which case. in relation they place to every white person. is in second offence. without discrimination as to character. the cropt and this. 450. though enforced by penal ties much less severe. 2 Brethe same words. even beyond the slave under the like restriction. and for the Prince s Digest. free coloured 13 . suffer such punishment as the said justice or jus tices shall.97 WILL OP HIS MASTER ONLY. In Maryland. 4. for this offence. a proviso is annexed to this law. upon &quot.&quot. BUT TO THE WILL OF ALL OTHER WHITE PERSONS. xv. except that death not made offence. a justice of the peace.. The law vard is s Digest. or bloodshed and murders will The laws unavoidably ensue. in his or their discretion think fit. &c. slave shall trial Thus it is enacted any Georgia person. a much larger concession of power to the master.If presume to strike any white and conviction before the justice or justices. he is still compelled to sub mit. the punishment of the second. as in Maryland. &c. such slave.

or Indian. 2 and Swi. may be pro cited to evidence the sentiments which are entertain perly ed there on this subject. which are highly objectionable slave-holding states have adopted laws. but with respect. according to the nature of the Digest. an inducement to an ignoble mind. or even a maniac. Nearly similar to this law of Kentucky. though in terms. chief objection offence. the following exception was it except in those cases where shall appear to such justice. nor presume to conceive themselves equal to the whites. in opposition to any person. 1153.If any slave ehall happen to be slain for refusing to surrender him or herself. at which added.Free people of colour ought never to insult or strike white people. shall at any time. to the latter date. was that of Virginia. He must patiently endure every species of personal injury. or free. and may I not say. receive thirty lashes on his or Lift. her bare back. from the year 1680. may choose to offer. he or she &quot. Code. &quot. which a white person. is. before a justice of the peace of the county where such offence shall be committed. bond persons are included. by order of such justice. Several of the . 640-42. and never speak or answer them. sition. proved by the oath of the party. 1 Martin s My to these laws.&quot. and lifted his or her hand in his or her defence. so offending. ex cuse its introduction here. There is a section of a to law in Louisiana. mulatto. 426-7. under the penalty of impri sonment. though not altogether congruous with the main object of this sketch. 1 Rev. shall for every such offence. but on the contrary. mulatto. Digest. to oppress and to tyrannise over the defenceless slave. is declared. will of itself. or Indian. &quot. for the reason just given. that such negro or mulatto.98 If any negro. The subjoined may be taken as a specimen: &quot. lift his or her hand. well laid on. however brutal and ferocious his dispo be he a drunkard. year 1792. The gravity with which the strange principle it asserts. which. not being a negro. was wantonly assaulted.&quot. they ought to yield to them on every occasion. that they furnish a pretext.&quot. applying free persons of colour only.

and holding little or no communication with those who are better informed than himself. that the benefits of education are not confer red upon him.-xiv. that a how is he to become acquainted with the fact. And by the clared. or in unlawful resisting any officer or other who shall apprehend or endeavour to apprehend.&quot. indemnified from any prosecutiou for such killing aforesaid. and if such slave prehend shall assault and strike such white person.if negro act of 1740. &c. making resistance. who shall where such slave shall live. ignorant of letters. A being. ap and moderately correct such slave. slave or slaves. while his chance of acquiring a knowledge of is so remote. cannot be deriving supposed to have right conceptions as to the nature and extent of moral or political obligations. VI. shall be. &c. 2 Brevard s Digest. such officer or other person so killing such slave as aforesaid. and. therefore. chap. as scarcely to be ap be regarded. 9. He is unable to read. been just shown. which is un known to the subject of it has ever been deemed. on this ac count. shall refuse to submit to undergo the examination of any white per be lawful for any such white person to pursue. unenlightened by religion. or shall be usually employed. and but little instruction from good example. THAN UPON WHITE PER SONS. such as are designed for his government should be re the precepts of the gospel preciated. It has applicable qualification. . it is de be out of the house or planta shall lawfully killed!!&quot. THE PENAL CODES OF THE SLAVE-HOLDING STATES BEAR MUCH MORE SEVERELY UPON SLAVES. . or without some white person in company with such slave. tion &quot.99 contrary to law. as almost without the capacity to comprehend the force of laws. To exact obedi ence to a law which has not been promulgated. 231. This remark with but a slight is to the condition of the slave. such person. it South Carolina. Maryland Laws. He may commended by their simplicity and mildness. most unjust law for his observance has been made. His condition suggests another motive for tenderness on his behalf in these particulars. act 0/1751. of any slave. such slave may be son. and he is by this act.

and (i. It shall 2.&quot. a similar punishment. 371. relate not to violations of the moral or divine Thus. without the slave is company of a white person. convict moves their sympathy. for the internal government of the Penitentiary of Georgia sec. seem. at the discretion of the justice. 2 Brevard s Dig. In Mississippi. 1 Virg. is their only sanction. would never cease to be remember ed with abhorrence. Dig. on the dis penitentiary acquainted with the same. no other reproach than this. both as to the imposition of the punishment. positive institution. . not exceed ing twenty lashes. any person may apprehend him and punish him. and Kentucky. 741.&quot. to read to be the duty of the keeper him or e. and is to be guiltless slave. ) on the re charge of such prisoner. Mississippi Rev. the penal laws. of the Penitentiary. a large retribution is demanded while with are respect to offences for which whites as well as slaves. and to make all the prisoners in the It shall also be his duty. pose additional punishments for the repetition of act Rule 12th. 2 Litt. taught the laws before he is expected to obey them.100 The reign of Caligula. Rev. Code. Prince s Digest. 386. to read to him or her. Parts of this system apply to the slave exclusively. upon their compassionate consideration.* yet. her. or off the plantation where he is usually employed. 1150. 447. ibid. found beyond the limits of the town in which he lives. and Swi. OF NO PART OP WHICH. of the Penitenti ary of 1816. ame punishments of much greater severity are inflicted former. and see 2 * &quot. or without the written permission of his master. and the number of stripes. by direction of a justice of the peace. lawgivers of the slave-holding states. in Virgi nia. to which slaves upon the latter than upon the With very few exceptions. PROBABLY. with whipping on the bare back. . the is SUBJECTED TO AN EXTENSIVE SYSTEM OP CRUEL ENACTMENTS. ceipt of each prisoner. in the for mation of their penal codes. Prince s Dig. such parts of the penal laws of this state. to have been uninfluenced by these The The hardened claims of the slave. HAS HE EVER HEARD. So. Missouri Laws. xxvi. Code. &c. 614. and for every infraction nable. also. were it obnoxious to and tyrannical. 231. such parts of the said laws as im offences. 422. only are subject. as impose penalties for escape. if a laws. employer.

Augus States. 2 Lift. &c. Well. 15. tra velling or assembled together. 231. without some white person with them. Prince s Dig. and the ample and humane code of laws which they have enacted. 454. and shall refuse to submit to an examination of And any white person. of 42. 43. If a slave shall presume to come upon the plantation of any person. by which the Spaniards are so honourably distin guished. act of 1723. the writer states. moderately correct him. It shall be lawful for any person who shall see more than seven men slaves. The humanity which the Spaniards manifest towards their * It is tills rendered such a measure unnecessary during. more than six men slaves meeting with extreme regret. with an account of the American authorities. 1 Virg. &c. Code. on each of them. without some white person in tation. I have been apprized by the newspapers. and also enforce. and see Maryland 1 and 5. 2 Brev. 243. 741. not exceeding twenty lashes a piece. No.101 if a slave shall be out of the house.The indulgent treatment of their slaves. employer. in any high road. to apprehend such slaves. Code. Penal laws. Rev. 422-3. when a sense of justice wrung from him the humbling confession which he thus recorded: &quot.&quot. company. e. 2 Missouri Laws. Dig. citizens of the United most of the free people of colour who resided in St. chap. Prince s Dig. when a more galling oppression pro claims its existence to the slave. In Delaware. blush with shame. 8?c.the many years in which these provinces were under their dominion. Mississippi Rev. evidently an inha bitant of one of our slave-holding . and to inflict a whipping. Dig. for the protection of the blacks. e. without leave in writing from his master. both bond and free. laws. &c. by a recent traveller in the is Province. by our territorial gov ernment there. and page 348. that law has been recently introduced into the Floridas. or off the plan &c. See &quot.. 447. act of 1770.) who were apprehen sive of falling into the also power of the Americans.) tine. 3. 5. Scarcely is the power of our re public recognized there by the free. Dig. as soon as they heard of the approach Notices of East Florida. of East Florida. occa sioned many and of the Indian slaves (i. of his master. he may be lawfully killed.&quot. not being sent on lawful business. page From the tenor of many of his remarks. &c. the owner of the plantation may inflict ten lashes for every such offence. (i. of our slave-holding states.* 2 Brev. 1150. 371. the Seminole nation of Indians. title. and Sivi. might even the inhabitant slaves. to transport themselves to Havanna. and such white person may apprehend and if he shall assault and strike such white person. indeed.

Haywood s Manual. is a very common practice in countries. 1 Virg. in North Carolina and Tennessee. the experiment has never been tried by statutory pro visions. with the intention of returning it again in a few minutes. lect. 2 Missouri Laws. act 0/1741. for the first offence he shall receive thirtynine lashes on the bare back. 521. 1150. without a convic by the justice. &c. thirty-nine lashes. several of. 102 not belonging to one master. by order of the captain of the patrol/ers. 2 Lift. had been returned. in which these unlawful assemblies complete enumeration of the crimes thus created (for all . by the nearest constable. Dig. without a ticket of permission from his master. 13. 8? Swi. 981. . particularly specifying the tion same. and in North Carolina and Tennes see.* 2 Brev. i. Code. of crimes.. unless on lawful busi together. 741. 423. may be whipped to the extent of twentyness of one lashes.t the captain of pas * To take away a canoe.. by order of a justice of the peace. that in except in reference to the black population. or shot. 1 1695-6. acts of the slave-holding states were spoken A were given. For having any article of property for sale. So. and of course suffer no inconvenience. Code. If a slave or Indian shall take away or let any boat or canoe from a landing or other place where the owner may have made the same fast. or other weapon whatsoever. (such as South Carolina was. ten lashes. e. slave being at an unlawful assembly. 390. or powder. chap. Ibid. 78. in North Carolina and Ten Haywood Manual. of the poor slave or Indian would be consummated even though the owner should not make the discovery. Hay529. offensive or defensive. Manual. . as to the s first offence. or a club. 104. and authorizing it to be sold by the slave. and see Mississippi Rev. and for the second offence shall forfeit and have cut offfrom his head ONE EAR. nessee. their owners. &c. wood A So. twenty lashes. loose. The offence. till after the canoe. is a measure of despotic governments for the suppression of liberal prin In this country. at the date of this law. however.) where. 4* Swi. under the name of unlawful assemblies. for each offence. few bridges have been erected. 4. for the temporary accommodation of the taker. a slave in curs. each. and if the slave be taken before a magistrate. from the paucity or poverty of the inhabitants. Rev. For keeping or carrying a gun. 2 Litt. The reader will recol the chapter treating of education and religious privileges. thirty-nine lashes may be ordered. Delaware Laws. f The augmentation favourite ciples.. 228.

&quot. (act of For travelling in the night. Carolina? who f The original section creating this crime was in these words: Every slave shall endeavour to delude or entice any slave to run away and leave this province. A slave endeavouring} to entice another slave to run away. or being found in another person s negro quarters or kitch inflict en. Virgi Such are the cruelties to which a state of slavery gives birth. 521-2. travelling by himself from his master s land to any other place. In 1772 some restraints practice of outlawing slaves . and I trust will See Appendix to Slackstone s Commentaries. every such slave and slaves. again. ibid.&quot. * Such was once the law of 1705. trailers 981. 2 If taken before a Missouri Laws. forty lashes. 2 Litt. In 1792. every thing relative to the outlawry of slaves never again find a place in part.103 may inflict ten lashes upon him. And. 614. and ibid. peace were authorized. Judge Tucker. says the same respectable writer laid &quot. 2 Litt. incurs also Any person may lawfully kill for a whose company suck twenty lashes. by proclamation to outlaw runaways. and his and their accomplices. was expunged from our code. 1729. observes such the horrors to which the human mind is capable of being reconciled by &quot. he may direct thirty-nine lashes. 518. second it How long will be before such sentiments prevail in North &quot. its adoption. 2. nia. slave who has been outlawed* running away and lurking in swamps. were upon the These and doing tion of loose expressions to of the act left too much in the discre men not much addicted weighing their import.&quot. of which slaves are severely punished) would swell this branch of the subject beyond its appropriate limits. Haywood s Manual. that the slaves were out-lying mischief. fy Swi. 524.of this law and some others of a kindred nature. page 56-7. (act Haywood s of 1741. without accusation or impeachment of any crime for so doing Speaking. 981.) Manual. without a pass. 741. magistrate. Ibid. Sf Swi. requiring that it should appear to the satisfaction of the justices. &c. by such ways and means as he mig-ht think fit. &c.) For hunting with dogs. unless by the most usual and accustomed road. Haywood s Manual. two justices of the Virginia also. it&quot.) ibid . professor of law in the university of William and Mary. aiders and .In 1 . in the woods even of his master. and every negro in vagrant slave shall be found. the slave is subjected to a whipping of thirty lashes. who might there after be killed and destroyed by any person whatsoever. forty lashes. (act of 1753. the owner of the land on which such slave may be found is authorized to For forty lashes upon him.

canoe or other vessel whereby their intention shall be 2 JSrev. after the lapse of three-fourths of a cen . thirty-nine stripes is the penalty for harbouring one hour. Jlct 4. &c. 1 Rev. that the principle upon which the act of 1740 was found ed. Ibid. for killing a deer. a slave who shall aid and abet the slave so endeavouring to entice another slave to run away. manifested. upon conviction as aforesaid.&quot. 0/1748. (Mississippi] 379. suffer death. incurs twenty-five lashes. conceal or entertain another slave being a runaway. &quot. to any extent not affecting life or limb. Be it therefore enacted. 452. And. overseer. though by the command of his master. act of 1751. shall also suffer DEATH. Digest. unless such command can be proved by a ticket in writing. Dig. Prince s Digest. tion sftall be the preparing provisions. A slave for being on horseback without the written permis sion of his master. twenty lashes.104 if provisions. is retained in the amendment of 1751. is. That every slave who endeavour to delude or entice any slave to run away and leave this pro vince. be prepared for the purpose of aiding in such shall running away. the legisla That whereas by. 237. 2 JSrev. in What shall constitute the evidence of this endeavour.for being guilty of rambling. That such part of the said paragraph as relates only to slaves endeavouring to delude or entice other slaves to run this province. offence tury.&quot. The endeavour on the part of a manifested. Brevard s Digest. chap. which is a punishment too great for &c. whereby the inten And this is the only melioration of a law. shall. 233 fy be punished with DEATH. the like punishment. horse or horses. In Maryland. Code. he is subjected to cor 2 poral punishment. regarded as a crime is worthy of death. which it is for the acknowledged.&quot. If a slave harbour. 19. of the act entitled. as such offender might afterwards alter his intentions. ! in the same breath. unless it shall appear that such slave (so endeavouring to delude or entice other slaves to run away and leave this province) shall have actually prepared provisions. for keeping a dog. act of 1740. shall away and leave not operate or take effect. 246. imposed a punishment too severe is still ! And such the law. 244. ammunition. &quot. 622 . in South Carolina and Georgia. * shall the nature of the offence. 233. &c. it is (among other things contained) enacted. or any boat. shall upon conviction suffer death. namely. defined the amendment. &c. &quot. &c. SBrevard s Digest. 1 Martin s Digest. 2 Brevard s 244. It is hardly necessary to remind the intelligent reader. ture relented so far as to declare. riding or going abroad in the abettors. Dig. After an experiment of eleven years duration. 1 slave to entice another to run away. in both laws. arms.

When any slave or slaves be committed to any jail in this state. her or them anew. that 14 . it shall is given. lashes. (which is sometimes done act for the purpose of taking fish) ten lashes. may be found among the laws of the session of 1824. to give the said slave or each of them twenty-five and interrogate him. as a runaway or run aways. together with a description as owner or owners again named.105 night. ^And if he place a seine across the a justice of the peace Transquakin and Chickwiccomico creeks. a slave may be whipt. the jailer shall forthwith transmit by mail to the owner or owners named by the slave. or so as render him unfit for labour. may be added a recent act of assembly of the state of Mississippi.&quot. Maryland Laws. if a second false account the space of six months. It is entitled an act to amend an act. and the account thus re ceived.lt. of to great cruelty. without delay. 8. and. or otherwise punished. free negroes and mulattoes. not extending to life. entitled An act to reduce into one. cropt. and whip as be fore directed. its should be no entire administration. Ibid. from the nature ticed. &amp. of Maryland of 1751. In conclusion of this branch of the present section.&quot. may order him to receive thirty-nine lashes. or riding horses in the day time without leave.&quot. it To appreciate fully the cruelty of this law. the and several acts concerning slaves. it shall be the duty of the jailer. inquisitorial and punitive. and aforesaid. to the transmit the intelligence obtained. well laid on. relating runaway &quot. chap. the jailer ^ho. it shall be the duty of the jailer of said county to inter rogate him. act of1805. of 1796. If a slave beat the Patuxent 3. is confined to a single person. chap. 14. so on. 32. her or their owner or owners name or names and place of residence. and if the statement made by said slave or slaves shall prove to be false. first The shall section is in these words: &quot. her or them as to his. whenever the slave or slaves may give a false account of his. river. or branded on the cheek with the letter to R.ftct chap. together with a description of the slave or slaves. 3. for be the duty of the jailer alter said nately to interrogate and whip as aforesaid. her or their owner or owners name and place of residence. slaves. 31.

determine when the slave s statement is false. he one. are frequently spelled very differently from what the pronunciation would teach. or extensive information. Notwithstasding all these con siderations. the jailer may. and the names of the proper statement will. may be very remote from the post office. for ings. alter &quot.106 of his office. the number of post offices which have been established there is very small. and power. both of men and places. even when carefully and correctly endorsed. may repeat the same punishment. and jailers are not ordinarily selected for good scholar Added to the whole. and should it be known to the slave. which may be stated in the following proposition: TlIE PENAL CODE OF THE SLAVE-HOLDING STATED INFLICTS . again and or. which familiarity with cruelty begets the spvace of six months. occur not seldom. many instances. it shall be the duty of the jailer.&quot. that miscarriages of letters. in his discretion. for the space of six months the act. would afford but little as sistance to the jailer. so characteristic of that callousness to the slave s suffer and so on. state of Mississippi is. it is divided greater part into but few counties. to use the language of again. as to the of it. to white inhabi whose means of information are vastly superior to what The master s place of residence. it master. which is the slave possesses. will not be thought strange. be and in many more For the post town must be frequently unknown even tants. mentioned in the act. nately to interrogate and I whip as aforesaid. from the ignorance or inattention of post-masters. must have the yet for the abuse of this the act. in appear to be so. in a case within the meaning of may he regarded as altogether irresponsible to any slave. either to it Without any design on the part of the is pervert or to conceal the truth. that the ignorant slave should not be acquainted with his master s name. be recollected. highly probable that his false. Proper names. it should ship. come now to the exemplification of the second branch of this chapter. as to the endorsement of his letter to the As overseers are usually employed on plantations. especially his Christian name. and having inflicted the legal mea sure of flagellation. slave wholly within his power. uncultivated and uninhabited.

counselling. 616 4- 587. 16.107 PUNISHMENTS OP MUCH GREATER SEVERITY UPON SLAVES THAN UPON WHITE PERSONS CONVICTED OP SIMILAR OFFENCES. numeral signs. TWO. abetting. so far as may be necessary in order to comprise the offences which are punished by death in those states. it may a felony does not work a forfeiture of goods. No. Code. in the first place. 14. 11. are crimes severally punishable with death. This selection recommended by the considerations. and the other a new state that the codes of both have been recently revised ~and in some measure. in connexion with similar . at least FOUR. assist ing. whether the offender be white or black. that a conviction for a general remark on the subject of the penal code of this state. No. at least TWELVE. that one of these states is is an old. state.* The following table will place this subject in a clearer light. No. merely as a convenient means of indicating the correspondence of the crimes. exhibit synopses of the penal codes of the states of Virginia and Missis sippi. that the numeral signs PREFIXED to the crimes named in the first column of this table. 1 Rev. at least FIVE. murder fully setting fire to in the first degree wil arson. I shall. No. 15. In treating of this proposition. are not designed to convey the idea. hiring or commanding any person to do the same. So far from having the former signification. the reader bearing in mind. 13. that the table comprises at least 71 crimes for which SLAVES are CAPITALLY punished. that they are severally EXPONENTS of one crime ONLY but are used. Code. manner more severe than imprison Thus. 1 Rev. at common law a house in a town. at least THIRTY. * As be stated. and their specific it punishments. No. by their relative In this Virginia will be first noticed. No. will be found. though in none of these are whites punished in a ment in the penitentiary. or aiding. . bond or free. geographical positions. occupying similar places in the second and third columns of the table. 613. 3 contains at least FIVE crimes.

.108 .

lt. o .^ oo i!Wi . &quot.S .109 M ft * 3* ilB |&amp.uS^ S PH .

with respect to the imposed upon free white persons and slaves. Being accessary 11. 4. (as before defined. For rescuing a person But with be seen by other offences. Being accessary before the fact to Rape before the fact to Arson. a cotton house or gin house. a store. as an illustration of inequality. is of High Treason. . free punished with death. that a wide difference is made. yet.11U The penal code of Mississippi. Rape or white persons: 1. second 8. The following crimes* are in that state. Wilfully burning a dwelling house. Forgery accessary before the fact to Burglary convicted of a capital offence. being inapplicable to the condition of a purposely omitted. is according as the offender a slave. 12. the perpetrators are slaves. it will respect to a large catalogue of the subjoined table. The crime slave. or any other out house or building. though less sanguinary than that of Virginia. or free white person. Being accessary before the fact to Robbery 7.) 9. whether 3. 6. punishments it may be properly cited. Robbery negroes. adjoining offence . Being 10. Horse to a dwelling house or store stealing. Burglary 5. Murder 2.

Ill *H C- CO i^ta *s *s 1 !=!! II rH (NCO .

.112 1 &amp.gt.

for ho sv for what offences. in a therefore. incurs but thirty-nine stripes. when committed by a slave or slaves. it will be seen. are nearly few in number as in Tennessee. as respects the punishment of slaves. EXCEPT IN THE CASES ABOVE ENUMERATED. I am not able to say. in furtherance of such conspiracy to rebel. indicating the difference which is made. 309 though there can be no doubt. conspiracy to rebel. that the punishment in no case. the position of the civil authority. when spiracy. as to the severity of the punishments. attempting to execute such con Treason and murder. in each of the slave-holding states. the offenders are whites are capital. laws of this state. 312. ibid. It is in these words: &quot. and all other offences shall be punished as before. 1 Missouri Laws. having in my possession. capital offences. to which slaves and white persons are severally subjected. &c. arson. the act of November 8.&quot. compared with those of the other slave-holding states. is punished with imprisonment for not less than one year. distinguished for The In Tennessee. committed by slaves. to inflict as many more. be deemed capital offences. penal codes of Tennessee and Missouri. many and In Missouri. by a white. without his or her master s consent. mildness. has reduced the number of capital felonies.113 It would enlarge this chapter beyond its proper limits. a similar view of the punishment of offences. shall. without an evil intent 5. and be punished with death. shall extend to life or limb. chap. as to the master s power. any part of the laws of this except the slave code. a conspi racy to murder any person. under the fol~ 15 . are. nor more than seven years. Yet. For assaulting his master. on conviction before a justice. 1819. and 6. without the inter In general. when perpetrated by this unfortunate class of persons. whites suffer death there. Pro vided. preparing or administering medicine. to Jive. as Not state. But six. are thus punished 1. and when it cannot be shown to have been prepared. 35. a slave. as he may think fit. and by an overt act. burglary. or administered..Murder. Arson. murder 2. are unusually humane. by more general manner. arson 3 and 4. I shall content myself. rape and robbery. in the remaining states. to furnish in extenso.

11. suffer death there for White persons Slaves incur a twenty -seven offences. &f f A distinction is made. manslaughter 9. wilfully Murder These are Slaves meet a similar punishment for eleven crimes. for this offence one hundred lashes are authorized to be given. i. Murder 2. 985. but in lieu thereof. passed July 4. 6. crimes and misdemeanors* * In this state. Capital felonies abound in South Carolina. a commutation of capital punishment direct. 2 Litt. 1154. the carnal abuse of a female cessary thereto before the fact 2 Lift. as to white Blacks and mulattoes. $ Swi. 1 Missouri Laws. administering burglary with an intent to kill 8. whites forfeit 1. Simple larceny. 1825. 1161-2. Both are to be marked in the . above designated ones.) they (slaves.114 lowing section of a law. ibid. are punish able with whipping only. whether bond or free. life for four crimes only. burning the penitentiary 3. ex cept for advising the murder of any person. the Benefit of Clergy is taken away entirely. for &quot. (except the &quot. are allowed a privilege somewluit resembling it.&quot. conspiracy to rebel 7. on a white woman 4. persons. rob rj-l. not exceeding thirty-nine lashes. in South Carolina. when perpetrated by slaves. as the court may 2 Litt. with an intent to kill. 1006-1009. From most of these also. 2. at the whom the conviction shall be had. All other offences. to the value of by a white person or by the benefit of clergy!!! one dollar and seven cents. In Kentucky. life. but no part of the punishment shall be fine or imprison ment. by express law. e. great cruelty may be legally practised: For all other offences. between males and females. convicted of clergyablc offences. the court may punish by stripes at their discretion&quot. being ac 4. such corporal punishment short of Sun. attempting poison to commit a rape on a white woman 10.* viz. 1160-1-4. similar fate for thirty-six offences. is in twenty-three of which the Benefit of Clergy not allowed. shooting at a white bery 5. the Benefit of Clergy has been taken away. rape. arson 3. is a capital felony. &? Swi. child under ten years of age. 312-13. title. without See James Digest. whether perpetrated a slave. before shall be punished. wounding a white person person with an intent to kill See 2 Lift.) discretion of the court. # Swi.

But it is only for the wilful and malicious burning or setting fire to. 1816. extending the punishment Prince s Digest. having a according to the nature of the crime. &quot. for the most part. The language of the code is. may be whipped. upon the brawn of the left thumb. contains no general penal code. I am. together with a few authorised of minor offences. a male is discharged without further punishment. town or village. are at all punishable in that state. in this place. Haywood s Manual. whites are pun ished capitally for three crimes only.115 In Georgia. in passing sentence. inasmuch as arson. or attempting to burn a house in a city. according to the defini tion in the Georgia Code. which were in force at the date of its publication. 351.521. conclude all the in sanguinary expiations formation which is to be derived from this source. & female. some barbarous enactments to invite and sanction the murder of this defenceless class of beings. a house. Slaves. lurking in swamps. placed in the stocJcs. ibid. to life or limb. whether crimes committed by whites. and do be lawfully killed by ANY PERSON. in the enumeration of the nine offences I have given for which slaves are capitally punished. for at least* nine.&quot. * I James Digest. exclusively of High Treason. provided the offender be a slave. running away. or imprisoned for the space of a year afterwards. or against any other slave or person of colour. Hay- hand. comprehends. with a burning-hot iron. for which whipping is commonly directed. to use the phraseology of the law. with the exception of offences al ready noticed. . An out For any such burning. may wood s Manual. 97 & 99. is ranked as but one offence. And in reference to slaves. Prince s Digest. slave is put to death. committed by a slave. in 1818. But. a considerable number. before whom such slave may be tried. which purports to be a complete digest of the laws of North Carolina. Thus a slave outlawed for ing mischief. either against persons or property. which. have used the words. at the discretion of Roman M or T upon it. All other offences. Jlct of December \. . arson is the malicious and wilful burn ing of the house or out house of another. that * white person is similarly punished. may be punished at the discretion of the court. the court. unable to ascertain from it. 461. the court keeping in view the principles of humanity and in no case. is a term of very loose and extensive import. at least.

comprised within brackets. &quot. alter or deface the mark or brand of any other per neat cattle. over and above the value of the animal misbranded or mismarked. of killing a horse. 531. when committed by a white person. not extending offering a forged to life. (chap. or apprehension of future rewards or punishments.that any per knowingly. which and hereafter may ecuting offenders. See Haywood s Manual. So. of any petit treason or murder. because they have no sense of shame. with an intent to defraud any other person. 522. by the laws of England. Whereas several petit trea sons and cruel and horrid murders have been lately committed cruelties they were instigated to commit. the homicide in each of these cases. pun proclamation money. is not from committing the greatest cruel people who only consider the rigour and severity of punishment. 91. the reader will be instructed. or shall knowingly mismark or brand any unshall 1 cattle. by a white person. by order of the happen County Court. suffers death. second time. is justifi which he slave be killed in the able. or any or a hog. if a run endeavour to apprehend him or. on conviction. not properly his own. by an act passed in 1729. xxvii. chap. away if a slave shall to die under correction. sheep or hog. The same act repeals the laws in the . For pass. ibid. provides. iv. groes. &c. the. shall be convicted by confession or verdict of a jury. be instigated to commit. [A slave. that when any negro or other slave.*&quot. &c. sheep or hog . any corporal punishment. from is the killing be done. slave any arms or ammunition. &quot. ibid. in a Court of Record. with the like inhu manity. ibid. convicted a cattle. or wilful burning of dwelling houses. against ne ished This last offence. to give * judgment against such negro or other An act of who s son son assembly. passed in 1822. prescribed sufficient to deter a ties. and that the manner of ex by negroes. is by a fine of ten pounds. may be inflicted.. if an effort to take. if he misbrand or mismark any of these animals death is the penalty. it shall and may be lawful for the justices before whom such con viction shall be.) in the following words. ibid. text. shall be liable to corporal punishment.] Of the spirit which once breathed in Maryland. such person or persons.116 So in to kill a slave. by law prohibited from keeping or. &quot. Be it enacted. in the same man branded or unmarked neat ner as on conviction of petit larceny.

it shall be lawful for any justice of the peace. The following provision is contained in a recent act of the legislature of Whenever the master or owner of any slave shall desire to confine Virginia. but were entrusted to their slave. and act of 1819. is As a mode of SE practised in Louisiana. prefixed to the constitution of Maryland. to give in his sentence. Yet it cannot but move our wonder. Cropping and the pillory It is apparent. to grant a warrant to the jailer. in this chapter. Virg.&quot. act of 1809. In several of the states. 9. in the exercise of his discretion. 138. in such county or corporation. 1 Mart. have the right hand cut the to be the declaration of rights&quot. would venture. I pre law to inflict cruel sume. * cation of such master or owner or authorizing jail. Dig. state. . transportation is authorized. That sanguinary laws ought to be avoid discretion. ed into four quarters. Putting in irons. among other just principles. upon appli &quot. and the head and quarters set up in the most public places of the county where such fact was committed!! The barbarous provisions of this law. upon certain See 1 conditions. Rev. that the act itself has not been annulled. were not made compulsory with the justices before whom the conviction might take place. ed. the body divid usual manner. as a commutation for the sentence of death. to off. him to receive such slave into custody his agent. comprises among the laws still in force. no Justice.117 hanged in the head severed from the body. him in the jail of any county or corporation within this commonwealth. imprisonment* Haywood s Manual. 544 Maryland ch. And. and no and unusual pains and penalties ought to be made. full scope to the savage power confided to him. that slaves the laws are subjected chiefly to two species of offending against punishment whipping and death. from the views given are seldom directed. as far as is consistent with the safety of the state. and to confine him in said provided. such justice be of opinion that such slave may be so confined . &quot. contains the following. and thus made to labour for his master. ch. previous to his trial. as &quot. 430 Laws. Code. from necessity. 688. in any case or at any time hereafter. unless in conjunction with whipping. it will be seen. 159. The last AUTHORIZED edition of the laws of this it which I have examined. . CURING the person of a slave labouring under an accusation of crime.

1818. A law of Missouri. s discharge. and under what circumstances it is authorized. by an act passed January 6. 197. vests the power in the governor and senate to commute the punishment of death ascertain. perpetual . 1809. Yet the first plication tion is so strongly three* of these states have expressly restricted the ap of this system to white convicts . and among these March 5. In an act of assembly of this last mentioned state. yet for what offences.servants and slaves. less exceptionable. The duration of this confinement is made depend on the master s will. at a subsequent period. chap. and the like distinc implied by the law of Georgia. as means for the reformation and punishment of criminals. 4. upon the recom mendation of the judge and jury by whom the offender has been be tried. juries convok in the state of trial of a slave on a charge not capitals may direct the slave to be imprisoned not exceeding eight days. be repeated here. Imprisonment for ed for the life is mentioned several times in the laws of the same state. 138. This exclusion of imprisonment slaves. except Louisiana. time to the publication of the work just cited. I have not been able to An act of assembly. Ad of Assembly An act concerning. this. *flct of Maryland. chap. 688. 1 Mar tin s Digest. 1810. 1824. 1816. has led. (act of November session. &c.&quot. posterior in point of See ibid.&quot. punishment in favour of slaves. imprisonment is named. But as a punishment after conviction. entitled of February 25th. 1823. act of March 19. it mode of punishment for is believed. if the circumstances of the case shall be such as may into a lesser thought to entitle him to such commutation lesser punishments. as a known punishment for slaves. I have noted The remarks See supra. this provision was repealed. there made may. Kentucky and Georgia. unless the public convenience should require the slave &quot.) slaves convicted of certain offences might be sentenced to confinement in the penitentiary. where the laws have in some mea sure recognised its adoption. nearly similar to in a previous page. But. 1. page * In Maryland. Laws of Maryland. . though 43. of December session. Virginia. to the multiplication of capital to without public inconvenience. that as a I have no doubt it exists there also.118 is resorted to. it appears to be utterly unknown. with equal appositeness. have introduced the system of penitentiary confinement.

by the princi ples of colonization it was imported by our ancestors. And thus it happens. when the settlement of this country began. . he is left in this particular. impeached of members of the confederacy. 312. offence. ac fore. death has been resorted to. on this In general. But African slavery having originated in the foulest iniquity. through the medium of language. adapted to a state of which apply to it dismemberment. obtains on this subject. in the like condition of exclusion.offences as to this class of people. in but few. Dismemberment. yet. In Kentucky . land. has probably at no period been much tole rated.) though sanctioned in several cases. to the objections It is presumable. was trial by jury allowed to the slave. it is authorized in Mis Corporal punishment. as well as most* of the constitutions of the individual secure to the citizen. which does not embrace the case of the slave. a slave charged with an A r * The constitution of Virginia contains no provision as to trial by jury. in which he stood under the colonial governments. that though the constitution of the United States. however. in a great degree. must be open. however. as this has been done. crime. ARE PROSECUTED AND TRIED UPON CRIMINAL ACCUSATIONS IN A MANNER INCONSISTENT WITH THE RIGHTS OF HUMANITY. there not frequent in practice. Missouri Laws. in the different states. 1 For a solitary. that is slavery. but has reference to precedent usage. cording to the sentiments of slave-holders. and partakes so largely of savage ferocity. for all offences except those of a trivial nature. VII. Accordingly. souri. of the colonies. considerable diversity. as it would in general diminish the value of the slave. as the only punishment. SLAVES Trial by jury has been frequently and justly extolled as the As it existed in full vigour in Eng palladium of civil liberty. as part of the laws and customs of the mother country applicable to their new situation. (which is another name for excessive whipping. not extending to life or limb. the benefit of this institution. if in any. account. it was natural that it should be sustained and perpetuated by consentaneous means.

to have a copy of the indictment or to charge in due time (if required) to prepare for his defence .120 offence punishable with death. the advantages of a petit jury (except as to witnesses) which are possessed by whites.&quot. nearly on his trial for a capital offence. and a slave convicted of a capital offence shall suffer the same degree of punishment. which has been passed to carry into effect this article of the constitution. all &quot. that would be inflicted on a free white person for alike offence. and no other. secuted in the circuit courts only. sissippi. to be confronted with the witnesses against him. tal cases. under the same forms of cases of free persons. 2 Litt. Code. no provison is made for the interposition of the grand jury . when prosecuted for a crime of a higher grade than petit &quot. 382. to have process for his witnesses. with the privilege to the master of challenging seven persons on behalf of the slave. sanctioned. to examine the witnesses .&quot. of the constitution of Missouri. be allowed counsel. and courts of justice before whom slaves shall be tried. Article 3. grants to the slave. is By expressly directed and the constitution of Mis In the prosecution of slaves for crimes. the general assembly shall have no power to deprive them of an impartial trial by a petit jury. trial. 1819. on capital charges. is entitled to the benefit as well He is to be tried and pro of the grand as of the petit jury. but the proceed ings in such cases shall be regulated by law. and as are by law prescribed in the 10. 1164 a petit jury. it is &quot. title slaves. Jllabama. The act of assem bly.&quot. 459. (arid also in That in all crimi of the other states. . Mississippi Rev. denying to the general assem bly power to deprive slaves of an impartial trial by a petit jury. and in the same manner.In Georgia. See constitution. shall as In the constitution of sign them counsel for their defence. no inquest by a grandly shall be necessary. larceny. fy Swi. stitution of Maryland. 27. except that in capi declared. &quot. yet the right of trial by Act of Feb. Prince s Digest.) of the following tenor: nal prosecutions every man hath a right to be informed of the accusation against him .&quot. slaves shall not be deprived words: of an impartial trial by jury . is in these In prosecutions for crimes. A declaration is comprised in the bill of rights which forms a part of the con the constitutions of several &quot. a provision is inserted. 2.

) and in other more recent editions. no exception can be taken lo 16 . such justice is hereby authorized and empowered to award and cause to be inflicted. of the free to title Decl. the same provision will be found embodied there. 19. to a speedy trial BY AN IM PARTIAL JURY. and see Const. Mississippi and Missouri. tit. and already transcribed into this chapter. 10. quotations taken And in relation to the state of Maryland. upon complaint made before him. Whensoever any negro. tutions of has no such meaning. to cause such negro. ibid. wherever the life of the slave is the the tribunal penalty of crime. 13. shall hereafter be charged with any pilfering or stealing. that slaves are not considered as embraced by such provision. Decl. as above noted. A citizen of one states would unhesitatingly construe this declaration be a constitutional guaranty to the slave of the trial by jury upon every criminal accusation. ibid. By reference to the consti Alabama. not 79 Act of 1717.&quot. the following law com &quot. or any other crime or misdemeanor whereof the county court might have cognizance. without whose unanimous consent he ought not be found guilty. on oath . This the right of trial by jury law. it shall and may be lawful for any of the justices of the provincial or county courts. such punishment by whipping as he shall think fit. in an edition under the express sanction at the legislature in 1799. of Rights. upon due proof made against any such negro or (Indian) or mulatto slave of any of the crimes as aforesaid. ibid of Rights. chap. yet. of for Alabama. of Mississippi. evidence in the clearest manner. 10. of Missouri.121 and against him. according to the nature of the crime. in terms equally strong and explicit indeed. In the slave-holding states. And from the same instruments. who. and. 6. in nearly the same as those con tained in the constitution of Maryland as above cited. ibid. is oi the laws of the state. But. (twentythree years after the adoption of the constitution. fyc. published given as in force. $*c. it however. exceeding forty lashes. notwithstanding that it abrogates in the case of slaves accused of the offences enumerated in it. Indian or mulatto slave so offending to be brought immediately before him or any other justice of the peace for the county where such offence is committed. 9. Indian pels us to the like conclusion: or mulatto slave.

but by indictment. by of any slave or slaves for capital offences. and should the jury find the slave the offence charged. 1813. over the prejudice sense of justice has. it shall be the sheriff to summon three justices to preside on the duty of the trial. 2. That in the trial of slaves. 532. answer any criminal charge. in which for all offences it r was declared &quot. w here a jury is now required by law. and twelve housekeepers being owners of slaves to serve as a jury on such trial. on oath. the punishment whereof shall extend to life.&quot. but by the unanimous verdict lawful men. that t^ch slave or slaves cannot have a fair judge. trial by jury is theft Maryland Laws. act 0/1751. as heretofore of a jury of good and used. she continued in the observance of the laws of and the parent state. The to constitution of to freemen only. the said to guilty of justices shall proceed * It is with great pleasure \ record the following humane provision of an act &quot. his fate in this state .&quot. limb or member. appear to the presiding or otherwise. notwithstanding the -atiaster or owner of such slave or slaves may neglect or refuse to make an application to the court for that purpose. however. by affidavit trial in the county wherein the offence is charged to have been committed. &quot. passed in 1822. such slave shall be entitled to trial by jury. on the trial M of Assembly 0/1822. by her legis lature. owners of slaves. . chap. was a component part of North Carolina. A umphed tated. cases hereafter happening. it shall and may be lawful for such judge to order the removal of such cause to an adjoining county for trial.122 which decides upon allowed. North Carolina guarantees trial by jury That no freeman shall be put or impeachment. It declares. 8 in open court. 2. See Bill of & 9. concede to slaves the privileges contained in the In all subjoined extract from a law passed in the year 1793. A slight modification. Rights. presentment That no freeman shall be convicted of any crime. chap. a summary way and offence at in open court of the county wherein such was committed.&quot. Tennessee^ the date of this act. agreeably to an article in the constitu tion of the former. 14. by an act passed October 23. where any slave shall be accused of as to an offence. took place in this law. if it shall Hereafter. the legislature of North Carolina.* Hay wood s Manual. after their separation. until they were severally annulled or modified by her own legislature. in consisting of twelve good and lawful men. so far tri by which these provisions were dic &quot.

shall cause the slave accused or charged to be brought before them. and finally hear and determine the matter brought before them in the most summary and ex witnesses ad peditious manner. &c. shall to the safe custody of some Constable of the without delay. for which capital punishment may lawfully be inflicted. the justices and Its constitution. and the manner in which freeholders court. both of the justices and of the jurors a power too important and too easily abused to be delegated to any individual. The change in the former Tennessee Laws of 1813. summon the number of fr/^holders aforesaid from the and shall seal. and in case the accused shall be convicted of . even in crimi nal accusations which may affect his life. yet it is en within the power of the sheriff to make the selection tirely act. either of which justices. examined. shall be heard. and any number of freeholders not less than three nor more than five. VIRGINIA and LOUISIANA. in the district where the offence shall be committed. 35. will be best conveyed to the by a transcript of the act of South Carolina: &quot.Ml crimes and offences committed by slaves in this state. the apprehending of such *ave or slaves.pronounce judgment and award execution according to law. slave. at a certain day and r&ce. her or their de-^nce. and the justices and freeholders being sr assembled. its reader. which is thus effected. But trial by jury is utterly denied to the slave.&quot. and finally determined by any two justices of the peace.&quot. &quot. in the states of SOUTH CAROLINA. to assemble anr not exceeding six days after justices. and the tribunal which is made to serve as its substitute. mation received. and at a place where they can be most conveniently assembled. on complaint made on infor commit the offender district. and his. sation that shall te brought against such slave or slaves. call to his assistance . by warrant wilder his hand and and request a*y one of the nearest of the peace to associate with hi 1 and shall by the same justices warrant. and shall hear the accu 1 . meet together with the said neighbourhood. tried and adjudged. proceedings are conducted. chap. of any such offence committed by a slave. is decisively unfavourable to the For though the trial by jury still subsists. and shall proceed to the examination of other evidence. can boast of none of its This tribunal is usually styled excellences.

negro woman to death. where skilful counsel aid the of twelve men. is exerted with all its to crush an obnoxious individual. guards against oppression. (for such the huma and common lav considers him. imparti prisoner in h\s defence. and which they shall judge will be most deter others from offending in the like manner. 1 Mar the only differ ence being. 429.124 any crime. the same. charged with felony. against whom he has no ground for even the sus an unfavourable bias. as to the constitution of the court. 1 Virg. to Louisiana authorize a conviction. been contemned to death.&quot. * Under the to award authority here given to the justices and freeholders. an ^adequate security &quot. passed with no other change. The law. substantially competent tribunal for trying slaves. may be found in the daily prints of 1820. i. where a jury ally selected. 1806. Code. is James Digest. Code. when the offence charged is loudly reprobated by the DU blic voice. 642. in the allowance of counsel. from the fallibility human judgment. in Virginia. An account of one of these. Jive justices. shall direct. WITHOUT JURIES. effectual to 7 with the consent of said free holders. the punishment would he death. must concur in their verdict. even tnd by m jury. court on the trial of a slave. for whose ser vices a proper compensation is fixed by law. when. justices shall give judgment and award such manner* tor as the said justices. as they may think exhibited to public gaze. the burning of a fit. to be paid by the master. this act of South Carolina was adopted. not seldom. the other. in monarchical governments. if present. of death.) it is not to be doubted nity of the that innocent persons have. either in South Carolina or tages which are not yielded one. or. in requiring unanimity in the justices. horrid spectacles arc sometimes such manner of death. he enjoys two important advan to him. June 7.&quot. is. In Louisiana. in the procedure of the Rev. In the best constituted courts. when the passions of men are highij inflamed. the said which by law. than that a judge of the court. e. instead of the two justices of the peace. 1 But in Virginia. At times. act. n of some instances. the strong br o f power. shall be a tin s Digest. 428. says the act. by an act of assembly ? 392-3. Rev. may. picion of with the judge v$ his legal adviser. that instead of the two justices and three freehol ders. .

have nevertheless. has an ignorant slave. ly convoked. chosen by his accuser. to be received for or against a fellow slave. arrainged as the perpetrator of any cri minal ofience. each composed of at least twelve men. in South Carolina and Louisiana. it would appear. all of whom act under the most solemn responsibility. is. make up this extraordinary tribunal for the trial of the slave. by jury. permanent tribunal in cases of extensive con A spiracies tial in insurrections especially. then. except through the medium of witnesses examined in the particular trial. which concerns even the pro perty of a white man. inasmuch as the ordinary justices of the county courts. a conviction in such cases. (as indeed all persons who are not white. as grounds for conviction. I speak in reference to the law of South Carolina whom and Louisiana. directed the testimony of the slave. Yet. for example. under accusation. consisting of but five persons. have an especial bearing on the con stitution of the justices and freeholders courts. What chance of justice.) to be unwor thy of belief in a controversy. ought if possible.125 to the accused. may convict. conduct of the slave s obnoxious to severe reprehension. Those who are to determine upon the guilt or innocence of anoother. may if he so have a separate body to hear and decide between him and that each prisoner his accusers. the law-makers of most of the slaveis also holding states. for as respects Virginia. &c. can be obtained only through the concurrent decisions of two distinct tribunals. to countenance or advise him in the conduct of his de The Court of Justices. before a tribunal. Holding the slave. is to continue in session for the trial of all slaves against complaint has been made. One of the many advantages which apper tain to the trial elect. and at the same time. as not being entirely certain on this point. without oath or solemn affirmation. in the trial. of the facts alleged against him. cannot possess this essen qualification. of exciting an sudden insurrection. there can be no doubt that such is the case. to be unin formed. accused of a criminal offence. . law made A for the regulation of these courts. The foregoing remarks. (a majority of whom.) without any one fence. in several of these states.

not in terms. is Martin s sometimes imposed. In other respects. James Dig. 59. in Mississippi. Digest. law. fy Swi. appendix. conscience of the justices and freeholders. would seem by the preamble of the law of South Carolina. licensed in Kentucky. 422 and 431. and yet challenge the sanction of murder. is See 2 Tucker s Blackstone. in in North Carolina and Tennessee.&quot. In Virginia. Prince s Digest.for In Virginia. an import ant part what is termed. the law 1 may be regarded as the same. 394. . in point of fact. but the evidence of any slave without oath. The admission of slave testimony. when accused of a capital offence. this extraordinary exception as to the qualification of who is a slave. 642. not extending to life or * Another species of punishment scarcely less severe. and for the more effectual discovery and bringing slaves to condign punishment.* Be it enacted. gislature who enacted &quot. 232. except for meritorious services. is never conferred.126 the precious boon of freedom &quot. is pun ishable. I allude to corporal punishment. f This barbarous punishment. Yet. 1 Rev. 382. though In Georgia and somewhat to implication. shall be allowed and ad mitted in all causes whatsoever. Code. without oath. if ajf wry so direct. 448. our attention has been chiefly confined to the con sideration of the trial of the slave. with one hundred 2 Litt. 1161. &quot. there.&quot. an act was passed in 1705. upon such condi tions. it may occur &quot. 2 Lift. on this head. can hardly result beneficially to the accused. and compared with all other circumstances attending the case. it In truth. Code. & Sun. Dig. Haywood s Manual. accused of any crime or offence whatsoever. that convictions only were sought for by the le The whole section reads thus: and it. is not recognised. I fear. a Rev. shall be left to the 2 JBrev. a part of the title of which was. Louisiana. * the speedy and easy prosecution of slaves committing capital crimes.&quot. laws of the meaning a witness. 1150 & 1153-4. the giving information of crimes committed by a slave. the weight of which evidence being seriously considered. of ivhich is. A very high crime. for or against another slave.\ and is usually denominated &quot. for the preventing the concealment of crimes and offences committed by slaves. Hitherto. Kentucky. that not only the evidence of all free Indians. advising or consulting to commit lashes!&quot. &quot. limb. 522. is left similar character may be found.

and should death ensue by accident. in Virginia and Mississippi. But the punishment of universal prevalence. and of in the acts of assembly.127 which may be more accurately de fined any torture on the body of a slave. on. 4* Swi. See supra. for what. and to wield the cowskin or cart-whip. of insufficient even of a single magistrate. an absconding felon. 1161. in cases where the pun ishment cannot exceed the number of forty stripes. which can be prac tised without producing death or dismemberment. may inquire into. it will be recollected. well &quot. the want of success in a trial for freedom can be accounted a crime. must undergo the examination of a justice of the peace. Even the cutting off of an ear. whipping. a drunken patrol. that terrible as this punishment is. or a vagabond mendicant. are. for which the allotted expiation is whip ping. indicated in the last act. in South Carolina. is supposed to possess discretion enough to interpret the laws. e. without the intervention of a jury. and the pillory. is ishment laid to the is extent of whipping. 526-7. in the estima tion of it. kindly denominate for their infraction. justifiable homicide ! ! In Kentucky. may be directed by a single magistrate. or any thing resembling before a judicial tribunal!. The like authority is vested in a justice of the peace. no rational being. perpetual occurrence. not exceeding thirty-nine lashes. Any white person. the guilt or inno ibid. the slave is the offence. Manual. offences by slaves which are not capital. and one justice of the peace. Cutting off the ears. is. cence of the slave charged with the commission of the same. The decision of the justice. and the laws of North Carolina. So. at least. with the solitary exception. before punishment can be lawfully inflicted. for an In Georgia and South Carolina. and decide upon. are in considerable favour with the legislatures of Georgia. the slave incurs it. Haywood s many of the 9 breaches of the law. in one case. on the bare back. 1160. The infliction of this pun twenty lashes. but . page 77. . deemed moment to claim the intervention in a great variety of cases. North and South Carolina and De laware. final and the sentence is carried into execution immediately. punished with 2 Litt. by the laws of North Carolina. the constitution of Georgia. however.&quot. i. while thus receiving moderate correction.

one of which. 645-6. 522 & 526. The constitution of Missouri. is composed of justices and freeholders. e. charged with the perpetration of in ferior crimes. Miss. would not be denomiv nated a crime. and. by the extract from it. 1 Martin s Digest. conviction. given in this chapter. similar secures to the slave. 428. in South Carolina. Prince s Dig. Code. 393. nor be punishable at all as such. that a majority con stitutes a quorum. as it has been be fore stated. a majority e. Digest. BE IN FAVOUR OF ACQUITTAL. 2 Brevard s 227-8. and is competent to render judgment either for or against the slave. unknown. must be the justice. in Louisiana. 391. unanimity is always required for this purpose. The in a small degree. number of these varies Hay wood s Manual. exists in that of Alabama.t 1 Martin s Digest. two. where. I believe. the justices and freeholders court. in the different states being in Virginia. except in Virginia. See supra. five justices. for which the punishment of death is not award ed. trial by jury. in South Carolina. James Digest.) is necessary to a (i. three. one justice and two slave-holders. In Louisiana. Code. or justices only. in Georgia. Rev. one justice and two freeholders. 646. But in most of the slave-holding states. 1 Rev. for all offences higher than petit larceny. in Mississippi. one justice and three freeholders. I take it to be the proper construction of the law. * In Kentucky. is. may . f i. ALTHOUGH THE OTHER HALF. ONE HALF OF THE COURT MAY CON VICT. the Justice and one freeholder. in North Carolina and in Tennessee.128 act which. page 102.* the ordinary tribu nal for the trial of slaves. under every criminal accusation. 459. if done by a white person. convict. A provision.

OF THE LAWS FOR THE ABOLITION OF SLAVERY. when the first glorious effort for its aboli March. prevailed more or American colonies. When we contemplate our abhorrence of that condition. in its consequences at a &amp. and until the first day of D. Its title dis tinctly proclaimed its object. 1780. second only to the Declaration of Independence. will form the principal subject of this chapter. The preamble to this act contains such just and generous sen timents. even after the Declaration of our Independence.&quot. and our deliverance wrought.. and how miraculously our wants in many instances have been supplied. AN sorrows of slavery. 17 . that negro slavery was introduced into this means of the African slave trade. prosecuted during country by It is well At the the period of our colonial subjection to Great Britain. THE laws which regulate the voluntary emancipation of slaves by their masters.ft. I purpose furnishing. tion was made by the COMMONWEALTH OF PENNSYLVANIA. known.CHAPTER IV. when we look back on the variety of dangers to which we have been exposed.lt. with but little deviation from chronological order. that I cannot refuse myself the pleasure of transcribing it at length. some notice of the measures by which slavery has been abolished in many of our states. That day gave birth to an act of assembly. time of our separation from the mother country. to which the arms and tyranny of Great Britain were exerted to &quot. and places the arguments for its abolition so concisely and yet so advantageously before the mind. which had taken deep root less in all the British much earlier date. depicts with so much force of truth and language the &quot. It was protected by the laws of each of these. But before entering upon the consideration of these. and continued so to be. in words few but of large import: ACT FOR THE GRADUAL ABOLITION OF SLAVERY. Section 1. this evil. ON THE DISSOLUTION OF SLAVERY. reduce us.

130 when even hope and human the conflict. An ad to prevent the importation of ne was by an act. to prevent the importation of slaves. who placed them va rious situations. of the though repealed. by it removing. but disallowed and groes and Indians bly of Pennsylvania. the sorrows of those who have lived in undeserved bondage. We of species. which bears the title. and from which we have now every prospect of being delivered. the inhabitants of the several parts of the earth were distinguished by a difference in feature It is sufficient to know. 1712. and we rejoice that it is in our power to ex tend a portion of that freedom to others which hath been extended to us. . hath extended equally his care and protection to all. page 50. It is not for us to inquire why. from whom every good and perfect gift cometh. fortitude have become unequal to are unavoidably led to a serious and grateful sense of the manifold blessings which we have undeservedly re we ceived from the hand of that Being. and from which. that all are the work or complexion. are inhabited by men of complexions different from ours. at Harrisburgh. I am induced to be thus minute in this reference. SooJc A. may be found on record. 1713. that we are en abled this day to add one more step to universal civilization. We esteem a peculiar blessing granted to us. we find our with kindness and benevolence towards men of enlarged signal effort here alluded to The most on the part of the General Assem a colony. that the most fertile as well as the most barren parts the earth. when Queen Anne. Impressed with these ideas. that He. and from each other . in the office of the Secretary Commonwealth. vol. find in the distribution of the human of an Almighty hand. hearts * narrow prejudices and Weaned by a long course of experience from those partialities we had imbibed. we conceive that it is our duty. to have been lost. on the 20th February. and that it becometh not us to counteract his mercies. page 370. &quot. 1. 2. accordingly repealed by The person by date there assigned to it is 1711 an error which has probably misled the whom the search was made. into this province. since the same act is mentioned in the Memoirs of the Historical Society of Pennsylvania. no effectual relief could be obtained. from whence we may reasonably as in their well as religiously infer. passed June 7. This act. as much as possible. by the assumed authority* of the kings of Great Britain. in the creation of mankind. and release from that selves state of thraldom to which we our were tyrannically doomed. vol.&quot.

would be born free. which they otherwise might. who shall be persons.&quot. but has cast them into the deepest afflictions by an unnatural separa tion and sale of husband and wife from each other and from their children.131 all conditions and nations . In jus by supposing persons so unhappily circumstanced. to require particular reference. That all as well negroes and mulattoes as others. to der their service to society. &c. has been attended with circumstances which not only deprived them of fession. UTTERLY TAKEN AWAY. however. The fourth and next section of the act relates to the children aforesaid. or from some defect in the statement furnished by the master to the officer by whom the registry was directed nor are to be made. possess general interest. born within this state from and after the passing of this act. deemed of sufficient practical value. shall be of the slaves which. and we conceive ourselves at this particular period extraordinarily called upon. no prospect before them whereon they may rest their having sorrows and their hopes. to cause * made it the duty him or her to be of the owner of any slave registered* at a place parconsequence of an Many suits have been brought under this act. to manifest the sincerity of our pro and to give a substantial proof of our gratitude. &quot. the greatness of which can only be conceived that we were in the same unhappy case. so much time having elapsed since the passing of the act. EX TINGUISHED AND FOR EVER ABOLISHED. in the case of all children quence born within this state from and after the passing of this act as servitude for life and that and hereby is. . And whereas the condition of those persons who have here tofore been denominated negro and mulatto slaves. doomed by shall not be deemed and considered as servants for all life or slaves 5 or slavery of children in conse of the slavery of their mothers. and who. by the blessings which we have received. None of them. according to the foregoing provisions. have no reasonable inducement to ren tice. The fifth section for life. chiefly in omission by the master to register his slaves in due time. It will be more properly introduced hereafter. the common blessings that they were by nature entitled to. Be it enacted. therefore. an injury. and also in grateful commemoration of our own happy deliverance from that state of unconditional submission to which we were the tyranny of Britain.

within this state.* It has been decided in Pennsylvania. be registered as aforesaid. wherein the master resided.132 ticularly designated. the decision would have been different. except the domestic slaves attending upon states. nor (except in the case of members of congress. Butler and 7 Serg. Delaplaine. the language of which being as follows: nation or colour.fifth was in of the act. should. his or her name. being brought there. that with certain exceptions day of November. such domestic slaves be not alienated or sold to any in habitant. from all other persons. but as free mulattoes who shall men and free women. in order to ascertain and distin ensuing the date of this act. surname. should be registered as aforesaid &c. unless he his & &quot. shall at any time hereafter. foreign ministers and consuls) retained in this state longer than six months&quot. adjudged or holden. (the registry to contain the name. * and others vs. a citizen of another state. as slaves or servants for life. within the territories of this commonwealth. and the name of the county. would not entitle him to freedom. the slaves. and the name. leased a farm. 378. in a case of a fraudulent removal back . that where the owner of slaves in Maryland. &c. &c. with his slave. from and after the said first . foreign delegates in congress from the other American ministers and consuls. that the sojourning of a master. unless there was at some time a continued retaining of the slave here for six months.&quot. who should be such on guish the said first declared. then within the state. and persons passing through or sojourning in this state and not becoming resident therein. It was also decided at the same time. had been within the excepted cases mentioned in this tenth section. occupation or profes sion of the master. that the con sent of such lessee that one of the slaves should be removed to Pennsylvania. No substance repeated. age and sex of such slave. together with his slaves to cultivate it. Hawk s Rep. except perhaps. and mentioned in other sections no negro or mulatto. except the negroes and man or woman of any &quot. wards and forwards. ) on or before the first day of November next &quot. nor employed in any ship owned by any such inhabitant. Had the owner himself consented to such removal. would not entitle such slave to freedom. pro vided.&quot. be deemed a slave. and seamen employed in ships not belonging to any inhabitant of this state. the latter provision of the . day of November. in the state of Pennsylvania. unless and in the tenth section. be deemed. &c.

This case comes before the court on a special verdict. and still cultivates. and secondly. until the 4th of January. where. Hopper. ceased to be a member of congress. and still house and servants. upon two grounds: first. as a member of congres. may be here introduced. a sojourner during the period when he ceased to be a member of congress? But the verdict precludes all inquiry into this point. It is thus reported. The next question then is. 1780. claimed as such. during these annual visits. has. and on which he had. from the year 1794 to the present time. that the plaintiff formerly lived in the state of South Carolina. The plaintiff claims an exemption from the enacting part of the section above stated. has resided . because for two years he sojourner. when he was a member of the legislature of that state. (the Judge then quoted &quot. &fc. From the year 1794. with his and domestic servants. finding. by &quot. Upon these facts/ said Judge Washington. continuing from October in each year till May or June following. (Pennsylvania) passed on the first of March. at the October term of the Circuit Court of tfie United States for the third circuit. given at Philadelphia.&quot. except for two years. and therefore lost the privilege which that character might otherwise have conferred upon him. the plaintiff represented the state of South Carolina in con gress. as a slave. (act of 1780. and has resided in it. by virtue of a law of this state. under a habeas caipus issued from the court of common pleas of this state. Whilst on his plantation in South Carolina. the subject of the present suit. that the plaintiff. the tenth section of this act. the material parts of &quot. he has kept family. That from the year 1794 to the present time. with the exception of an annual visit to his plantations at the southward. under the exception in the law. whether Ben became free. and among the Ben. inasmuch as it recognises the validity of the tenth section of the abolition act of 1780. he had a valuable plantation which he cultivated. case of Sutler vs. can the plaintiff be considered as within the other exception of the law. a furnished by his overseers and slaves. in the first volume of Wash ington s Circuit Court Reports. page 500 et seq. find.133 The import of these fifth and tenth sections could not have been mistaken. ) After disposing of an objection which had been suggested by the plaintiff s counsel to the validity of the law. 1805. A decision of JUDGE WASHINGTON. by reason of the ninth section of article first of the constitution of the United States. always having Ben with him. until September 1805. the plaintiff kept house. and showing the inapplicability to the present case of the second section of article fourth of the same instrument. We law. he come then to the consideration of this proceeded in the following words: &quot. between 1796 and 1800. and who continued with him. when he was discharged from his service. in 1806. which. who was his property. tenth section.) and of the facts found in the special verdict. as well as in Georgia. as a The first will not answer his purpose. consisting of several children latter a dwelling house in the city of Philadelphia. the question is. at the time of his coming into this city. had not the legislature inserted between the two.

that upon this verdict the law with the defendant. for such necessary expense. his or her heirs. at the same time. 1780. shall not be owner entered and recorded as aforesaid. but their former master claimed to retain the with his family in Philadelphia. other than such as are herein before excepted. township.&quot. executors. who were brought before the court before the first as slaves for by habeas corpus. and a case of this kind was ac &quot.184 under the name of a sixth section. &c. securing to such slave. shall become chargeable. &c.&quot. unless he be a member of congress. this obscure proviso to. The conclusion is inevitable. who is a resident in the state. That any person in whom the own fifth &quot. &c. were born day of March. of opinion. But the jury find that the plaintiff was a resident. I am. a minister or consul. ership or right of service of any negro. Negro Betsey and two others. his or her freedom. is tations in the Southern states. master or mistress of such negro. and who had in the above quotation. Cato and Isaac. but neither the parents nor the children had been registered by the master The agreeably to the directions of the fifth section of the act. a minister or consul. as applied to unequivocal meaning the absolute emancipation of persons born as slaves. was supposed to limit the generality and of the fifth and tenth sections.&quot. &c. as such overseers may be put to. to which any such negro. of parents who were held life. the Provided always. &quot. attain his or her twenty- eighth year. execute and record in the proper county a deed or instrument. unless his or her master or shall. through the neglect of the owner. before such slave. . &c. &c. notwithstanding the name and other descriptions of such negro. parents being more than twenty-eight years of age were admit ted to be free. and whose masters had omitted to register them according to the direction of the fifth section . which is italicized. severally shall be liable to the overseers of the poor of the city. The introduction of the particle not. administrators and assigns. cordingly brought before the supreme court in the year 1789. with costs of suits there on. shall be vested at the passing of this act. except at those times when he visited his plan No person is entitled to the protection of the exception. not attained the age of twenty-eight years at the date of the act. &c. when these children were born. therefore. &c. and was not either a member of congress. &c.

not as slaves for court struction contended for a majority of the judges. tablished the important principle. no per son born before the first of March. should give protection to any slave. slaves itself. on this account. and from its whole scope and spirit it * One of these. unless registered before the first day of November of that year.135 life. Pennsylvania owed to her sister states. and. in which. See the case. Several very important cases have arisen under this section of the act. &c. Dallas 9 Reports. however. was of this kind: Mary. although born a slave. to inter fere with what in those states were regarded as rights of pro perty. The case was severally twice argued. of Pennsylvania. decided against the con on behalf of the master.&quot. 1 free. whether birth in of a slave who had absconded from another Pennsylvania gave freedom to the child state before she became pregnant. but as servants until they should attain the age of twenty-eight years. Negro Betsey. absconded from her master. which. She was afterwards brought before the Judges of the Supreme Court. and eventually to destroy the institution the positive terms of its enactments none could there By after be born as slaves. &c. could be held by his or her former master.&quot. the slave of James Corse. after a residence of about two years. That in Pennsylvania. 469 It was deemed inconsistent with the duty. . of Maryland. reported 305 et seq. by writ of habeas corpus: the sole question be fore the court was. 492 et seq. residing in any See 1 Smith s Laws other state. either as a slave or as a servant for years. was not a slave. and having obtained possession of her person. The owner of the mother claimed the child as his slave. she became the mother of a female child. 1780. and she was accordingly set at liberty. but was absolutely et al. it was expressly provided. Respublica et seq. and thus was es &quot. committed her to the prison of the city and county of Philadelphia. as a member of the Union. absconding* from his or her owner. vs. yet ultimately a difference of opinion existed in the children. that nothing contained in the act. Such were the leading provisions of the first act which was passed in the United States of America for the abolition of sla Its plain intent was to diminish gradually the number of very. that Eliza (the child) The court decided in the affirmative. and coming into this state. amongst us. a negro woman. in the second volume of Sergeant &f Rawle s Reportst page &quot. and came into the state of Pennsyl vania.

1788. shall not be deemed or taken to extend to the slaves of such persons as are inhabitants of or residents in this state. and have certain natural. that of acquiring. and equal. &quot. lative aid in the grand cause which had been so nobly entered upon &quot.&quot. and not becoming resident therein. be entertained on the subject. 1780. however. in the year of our LORD one thousand seven hundred and eighty. to all intents 2 Smith s Laws of Pennsylvania. was passed on that day. essential and unalienable rights. possessing fine. was the totally repugnant came enslavement of one part of the human family by another. but shall come here with an intention and every slave and slaves who shall this state. passed on the first day of March. The abolition of slavery in Massachusetts. On the was. by persons inhabiting or residing or intending to inhabit or reside therein. takes its date one day LATER than the date of the abolition law of Pennsylvania. be brought into diately considered. as it appears to me. and purposes. shall be imme therein. defending their lives and liberties. for preventing many evils and abuses. Be it enacted. found necessary for further legis March. all men are born of the state.&quot. 443. with the least show of reason. that. it was not till after a solemn adjudication of the courts.136 was evidently opposed it to the introduction of any of this denomi 29th of nation of persons from the neighbouring states. deemed and taken to be free. be at once the paramount law of the land. It was not effected there by a direct and intentionally specific act of the legislature. that of seeking and obtaining This declaration. That the exception contained in of the act of first the tenth section March. and an act persons availing themselves of certain defects in the act for the gradual abolition of slavery. that slavery was by this . in their safety and happiness. but one opinion could. or to settle who all and reside . relative to domestic slaves at tending upon persons passing through or sojourning in this state. which recites. yet. and though so to its spirit as well as to its letter. arising from ill-disposed in 1780. but resulted as a consequence of the pri mary article in the bill of rights prefixed to the constitution the language of which article is. among which may be reckoned the right of enjoying and free and protecting property . embodied as it was in the constitution.

and deemed or considered life a servant for life or a slave.Jin act relative. that shall after the day of March. the age aforesaid. to The importation of slaves into the state of Connecticut having been prohibited in October. Connecticut appears ter states to follow the to have been the earliest At a special precedent of Pennsylvania. D. as well as in Pennsylvania. 1792. abolished slavery within her 18 . shall be cut. 625. or slavery of children to be born as afore in consequence of the condition of their mothers. it is believed. extinguished and for ever abo servitude for 1 lished. may be now considered as virtually accomplished. 1784. 1774. the legislature agreed to incorporate first negro or mulatto child. &c. session held in January. See Statutes of Connecti tioned in the Probably about the same time (the precise date is not men work which is in my possession) the legislature of in Rhode Island enacted a law on the same subject.&quot. has territory. shall be held in servitude longer than until they arrive to the age of twentythis section: &quot.No five years. it was considered See Winchenden vs. as the subjoined extract will show: &quot. slaves. Laws of Rhode Island. Hatfield.&quot. 443 &quot. the entire abolition of slavery in these states.137 means for ever abolished in Massachusetts. varying a slight degree from that of Connecticut. No person born within this shall be all state. be born within this state. 1784. by implication also. at a period equally remote. was held in servitude at the notwithstanding the mother or parent of such child time of its birth. inserted a provi sion of similar import. 4 Mas among her sis sachusetts Reports.&quot. yet fixing the same day as the period at which hereditary servitude should cease. be and said. for the purpose of revising and amending her code of laws. New Hampshire having in her constitution. at free. on or after the first day of March. 1784. and in Rhode Island. which was finally ratified on the eighth day of February. 8. but such child. the same is hereby taken away. A. and their manumission and support. that in practice so to be. and comprised indeed in nearly the same words with that already cited from the constitution of Massa chusetts. 129.

138

well

The same important doctrine previously promulgated, known to have been, in the memorable Declaration

as

it is

of our

Independence on Great Britain, has served the like glorious The citizens of Vermont, purpose in the state of Vermont. however, were not content with implication on such a moment
ous article of their political
faith,

but wisely established, by

distinct enunciation, the inference as well as the principle which they so justly revered. I give the whole article, not
into detail than is altogether neces are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst

withstanding
"

it

enters

more

sary.

That

all

men

which are the enjoying and defending life and liberty; acquiring, possessing and protecting property; and pursuing and obtaining happiness and safety THEREFORE, no male person born in this country or brought from over sea, ought to be holden by law to
;

serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound

by

their

own

law, for the

consent after they arrive at such age, or bound by payment of debts, damages, fines, costs or the like."
1, art. 1.

See the Constitution of Vermont, chap. of the constitution is July 4th, 1793.

The

date

The

first

act of the state of

New York

on

this subject,

was

gradual abolition of slavery in that state. It bears date the 29th day of March, 1799, and provides, That all children born of slaves after the 4th of July, 1799, should be held by the owner of the mothers of the same only until they should
designed to
a

work

respectively attain to the age of twenty-eight years, if males; and if females, until to the age of twenty-five years. Another act, of similar import so far as respects the point under examination,

was passed JZpril 8, 1801. But by an act of the Slstof March, one thousand eight hundred and seventeen, a final blow was The given in that state to the dominion of the slave-holder.
fourth section of this act
is as

follows:

"

Every

child born of a

slave within this state, after the fourth day of July, in the year of

our

LORD one thousand seven hundred and

ninety-nine, shall be

free, but shall remain the servant of the owner of his or her mo ther, and the executors, administrators or assigns of such ownrr.

139
in the

same manner

as if

such child had been bound to service,

by the overseers of the poor, and shall continue in such service, if a male, until the age of twenty-eight years, and if a female,
until the age of twenty-five years
;

and every child born of a

slave within this state, after the passing of this act, shall remain a servant as aforesaid, until the age of twenty-one years, and no

was declared,
and
after the

the thirty-second section of the same act, it Every negro, mulatto or mustee, within this state, born before the fourth day of July, 1799, should, from
longer."

And by
that

"

fourth day of July , 1827, BE

FREE."

This au

spicious day has gone by, and there is, therefore, not a slave within the wide spread territory of
state.

at this

moment,

this

prosperous

After several ineffectual*
of

efforts

human

rights, an act

was

at length obtained,

on the part of the advocates on the 14th day

of February 1804, from the legislature of New Jersey, entitled "An act for the It differs in no gradual abolition of slavery."
thing material, to the present inquiry, from the law of Rhode Island, except that white male children born of slaves, after
the 4th

day of July 1804, may be retained as servants by the owners of their mothers, until the age of twenty-five years only, and female children, in like manner, until the age of twentyone years only.

See Revised Laws of New Jersey, 679. three non-slave-holding states, Ohio, Indiana and Illi nois, it is well known, derive this important characteristic from ordinance for the government of the territory of the the

The
"

United
fied

States, north

west of the river

Ohio,"

which was

rati

by Congress July 13th, 1787. The ordinance recites and adopts certain articles, previously agreed upon by the states of
Massachusetts, Connecticut, New York, and Virginia, in the compact! by which these states ceded the North Western Terefforts was frustrated by a single vote in the house of assem This was six years before the passing of the law in the text. f Notwithstanding the solemnity with which this compact was originally en
into,
*

One of these

bly.

tered

and afterwards

ratified

by the Congress of the United

States,

and

notwithstanding, also, the plain and strong prohibition of slavery contained in the sixth article, a violent endeavour was made, several years since, in HUnoist to obtain a convention of delegates, in order to expunge the prohibition
inserted in the constitution of that state
!!

140
ritory to the federal government.
"Articles

The

articles alluded to are

of compact between the original states and styled, the people and states within the said territory, for ever to re main unalterable, unless by common consent," the sixth of

There shall be neither slavery nor involun tary servitude in said territory, otherwise than in the punish ment of crimes whereof the party shall have been duly con which provides,
"

victed."

The citizens of Ohio duly appreciating the valuable guaranty thus conferred upon them, manifested an accordant spirit with the framers of the ordinance and the parties to the compact, and
to prevent

any undue advantage from being obtained of colour ed persons, in addition to the condition contained in the ordi
nance, saw
their constitution

mulatto,

embody the following excellent provision in Nor shall any indenture of any negro or hereafter made and executed out of this state, or if
fit

to

"

made in
be of the

the state,

where the term of service exceeds one year,

except those given in the case of appren Const, of Ohio, Art. 8, 2. provision in almost ticeships." the same words is inserted in the constitution of Illinois, Art.
least validity,

A

6,

1,

and

also in the constitution of

sion, in the latter, of the

w ords,
r

"or

Indiana, with the omis if made in the state."

7. Const, of Indiana, Art. 11, The state of Maine is the only remaining non-slave-holding As the territory of which it is composed, was a part of state.

the state of

Massachusetts,

until

Maine,

as a distinct sovereignty, has

within a few years since, never been contaminated

with slavery.

Her

constitution,

moreover,

adopted October

29, 1819, by a convention chosen for the purpose by the free men within the limits of her territory, and ratified by Con
gress on March 2nd, 1821, contains the same grand declaration of unalienable rights, which gave unconditional freedom to all
slaves within the parent state. See Const,
It will lition

of Maine, Art.

1,

1.

be observed from the notices here given, that the abo of slavery in the states abovementioned, has been of two

In those states in which it kinds; gradual and immediate. the effect of long established prac has been gradual, prejudice,
tice,

and the

spirit of gain

which

so frequently

overpowers the

have been born a servant for years or life or a slave. Statutes of Connecticut. it having been enacted in May.the Island.. &c. seems to have induced an opinion with some persons.* So in Connecticut. the servant of such per son or his or her assigns. by the 4th sec tion of the abolition act. . it was decided that the species of servitude alluded to. in the manner and on the conditions whereon servants bound by indenture for four years. &c. section 9th of act relative to slaves. and Rawk. on the same footing with the children of white persons. was not confined to the immediate. Barker. is Rhode &quot. in such case.no by five years of age. * The want of precision in the phraseology used in this section. Accordant with this latter section of the laws of Connec the law of ticut. until they should arrive at twentyAt the present time. &quot. The case of the Commonwealth vs. by virtue of this act. and shall be.141 sense of justice. See Laws of Rhode #c. 1797. but. titled to the service who would. the law there is some what different. at the same time.That every negro or mulatto child born within this state. but was de signed to be extended to their DESCENDANTS. according to the section already extracted. but that such child at the 626. shall be free.) shall be deemed to be. Thus in Pennsylvania. in case this act had not been made. that the former was a point of great importance. but as slaves.&quot. But in a later case. ordered the person claimed as such servant to be discharged. as the registry defective. that the servitude for twenty-eight years which is authorized by this section.&quot. if duly registered. negro or mulatto child born within this state after the first day of August. 11 Sergt. presented this point for the decison of the court. was Rep. &c. it is enacted. 360. that. 443. the same class of persons might be held. in which the evaded point came again before the same court. are or may be retained and holden. age aforesaid. to the remotest generation. unfavourable to the rights and happiness of the latter. the court. &quot. declaring. have been en of such child. until such child shall attain unto the age of twenty-eight years. offspring of those who were slaves at the date of the abolition act. 1797. after the passing of this act. shall be held in servitude longer than until he arrives to the age of twenty-one years. (who would. did not extend beyond the immediate offspring of slaves that the children of coloured servants were In this particular.&quot. upon which no opinion was intimated. have usually made a difference in the condition of the white population and of such of the coloured as have been exempted from slavery for life. Island. on the ground of this defect alone. &c. not as servants bound indenture.

&quot. service by the overseers of the poor. So that the only distinction which now exists York. by depriving it it of gradual abolition act operates to its A hereditary quality. as a servant. abolition acts of Pennsylvania. 1799. whether such freedom be conferred instantaneously or whether it be postponed to a point of time future in relation to the date of the measure. Such were the Island. with this important supplement. in the same manner as if bound to male. between the condi tion of the w hite population and the children born of slaves since the 31st March. This distinction comprehends the last abolition act of New York. and the first two abo But to. 1817. but might be retained by the owner of the mother. is restricted in its signification to the extinc tion of slavery. by the acts of 1799 and of 1801. as also. the constitutional provisions of Massachu setts. and the sixth article of the. while leaves unaffected the condition of those ready in being. every child born of a slave within the state. was declared to be free. that females as well as males may be this subject. held as slaves. and to twenty-unc in the case of females. is here called immediate. &c. . and no longer. yet humanely diminishes the period of servitude to twenty-five years in the case of males.142 In New York. should remain a servant as aforesaid until the age of twenty-one years &quot. in the state of T on New held as servants till they attain the age of twenty-one years in stead of being freed at the age of eighteen years. a measure which at the communicates freedom to those previous its and time of adoption. and as it is to be understood in the acts of The term gradual assembly before quoted. in its usual acceptation as applied to the abolition of slavery. after the 4th of July. The abolition act of Jersey conforms to the precedent New of Pennsylvania with respect to the general principle here ad verted to. Connecticut. and if a female until twenty-Jive years of This section was re-enacted by age. is. the act of 31st of March. if a arrive to the age of that every such child born after the passing of the last act. as also in the remarks which I have made upon them. Rhode lition acts of the state of New Jersey. 1817. New Hampshire and Vermont. until he should twenty-eight years of age. prevent the enslavement of al the unborn. New York.

that one can acquire a right over the person of another unless by his consent. and is entitled on the docket. therefore. therefore. The abolition of slavery in Massachusetts and shire New Hamp first arti was effected as has been stated. and happily in the state of New York. be proper to give some further notice of it. terri- Slaves being considered property. it is unneces to waste argument. for the government of the tory north-west of the Ohio. . con In Massachusetts. were substituted agreeably On the 15th of De providing for such contingencies. Involuntary servitude. 1795. when a special verdict was found by the jury.143 ordinance of congress of 1787. the birth place of ef conclusion. ficient hostility to negro bondage. and the acts of the legislature in force at the adop tion of the constitution. It was instituted in the Supreme Court. and it would be its society at its pleasure a might not put an end to theme so hackneyed. as such. The defendant having died. it has been said. the highest judicial tribunal of the state. in Pennsylvania. his executors. strange if is a usurpation of power. But men. to January term. It may. therefore. may be regarded as a part of the present constitution itself. 1797. has established this constrnction. of the article must be wrested from its pro sion. own wrong. No un Court of I believe. sary a new constitution has been adopted since the passing of the abolition act. are equally free. would be uncon stitutional. unless inflicted by society as the punish ment of crime. have been expressly declared in that instrument to be valid. by a writ de hominc repkgiando. that slavery was This mockery of justice took place * This case is not to be found in the books o reports. the trial came on. The language per and obvious signification to give countenance to any other And yet. an im mediate abolition act like that of New York. Joseph Graisberry. however. cember. by force of the cle of the declaration of rights prefixed to their respective stitutions. find fault with this deci prejudiced intelligence can. negro Flora vs. it is impossible. an express decision of the Supreme that state. unless compensation should be made to their for mer owners to the extent of their value. On The abolition act. John Reed and to an act of assembly James Glentworth. by nature. has pronounced as the result of its solemn delibera tion not inconsistent with it* on a similar article of her constitution.

&quot. though a slave-holding state. BY ONE TO ANOTHER. &quot. but the record is stamped with the unanimous sanction of seven men claiming to be in the full possession of intellectual faculties of no common order. be inferred. slavery was not inconsistent with any clause of the constitution of Pennsylvania. have. . importing that the freemen only were designed to be protected. it. of an appeal to the High Court of Errors and Appeals. 20th January. and that she is the property of the defendants in and the judgment of the Supreme Court is affirmed. President. It took place most able and ample discussion by counsel. It was not suddenly cast forth in the hurry of a nisi prius trial.144 so recently as the twenty-third day of January. 1798. miliarity long General principles of political government. seems to have been framed with somewhat less caution on their bearing rights of this subject. The judges with a their hearers. reserve more convenient to themselves than convincing to were content with the brief declaration. in the year of after the our Lord one thousand eight hundred and two. that during the four days which were occupied in the hear no argument which ingenuity and learning could supply was wanting. It sets forth.&quot. all Through Divine goodness.&quot. and. and acting upon effects of ma fa ture consideration. for the purpose.&quot. were of counsel witli the it is to ing. in conformity with which. and at March term. Esquires. OF &quot. the hearing took place before the High Court of Errors andAppeals. William Rawle.&quot. Such are the deplorable with injustice and oppression. and by a single judge. that. are asserted in the constitutions of most of the slave-holding states . militating against the existence of slavery. in general. negro Flora is a slave. Jared Ingersoll.&quot. that judgment was entered on the record. Here we have far it a charter of liberty of sufficient amplitude. the rights of worshipping and serving their Creator according to the dictates of their consciences . error. * court unanimously of opinion. yet care has been taken to qualify by some express declaration. attaining objects suitable to their of acquiring of condition WITHOUT INJURY . and William Lewis. the record. 1802. by nature. The constitution of the state of Delaware. and that the justices of this court may there assist in hearing and determining On the &quot. plaintiff. as is stated in judgment was entered for the defendant. announced through their that it was their unanimous opinion. and from the known character of these gentlemen. men ENJOYING AND DEFENDING LIFE AND LIBERTY and protecting reputation and property. How may be considered as annihi- on the suggestion and by the consent of counsel.

for the due exercise thereof. alter their constitution of government. is actment cannot be cited for it. by special acts. states.145 lated by what follows in connexion. all just authority in the insti tutions of a political society. whether creditors or other wise interested. cannot be emanci services. as circumstances require. express en the slave-holding states. be rendered perpetual. clause may be. has decreed otherwise. pated except for meritorious court. are^ deemed paramount to the rights of third persons.&quot. relinquish But society. 19 . a principle of law which pervades nearly every code in In some of these codes. may. of consequence. that the benevolence to his unhappy bondman. In South Carolina. Of course. Section II. a slave. Having degraded a rational and immortal being into a chattel a thing of bargain and sale it has been discovered that certain incidents result from this degradation. is not to be exer- This by emancipation. yet I think it probable. that the master might. in our slave-holding his dominion over the slave. it would seem equally plain.) The act is silent as to the rights the claims for meritoriow services. ON THE LAWS REGULATING THE EMANCIPATION OP SLAVES. to be adjudged of and allowed by the 0/1796. if such be the will of the master of the slave. without the consent of his creditor. and I infer. have authority to emancipate slaves. From a just consideration of the rights of property. 537 (act of creditors. One of these is. &quot. rights. and in Alabama. which it concerns the welfare of the community vigorously to exact master cisecl. as will be shown hereafter. from time to will depend very time. s and preserve. and as these rights are is essential to their welfare. and therefore. in Georgia. and they may. that j ture only. therefore. unless with the single exception of North Carolina. much on the moral sentiments of those who pass judgment upon the question. for this end.* that practically it is made * so to operate. and established with their consent to advance their happiness.lt. the legislai Haywood s Manual. inserted to preserve these supposed th&amp. and no doubt always is. power inherent in them. at his pleasure. is derived from the people. Slavery being hereditary. In North Carolina.

his last will. 2 Litt. and that therefore the slaves might be retained in perpetual servitude.&quot. Rev. to obtam the approbation of a justice of the quorum and five freeholders. 4 Dessaussurtfs Chancery Reports* 266. after payment of his debts. &quot. . (which regu lations made it necessary for the person intending to emancipate a slave. ( Vir. 434 Mississippi Rev. which authorizes emancipation. previous to such emancipation. in it is declared. . For where a widow s is entitled estate. 386. an emancipated slave may be taken in execution to satisfy any debt contracted by the person emancipating him. sect. that where a testator it made a bequest of slaves to a trustee. act of 1798. though declared to be satisfy her claim of one-third. 1 Rev. (i.&quot. and according to the regulations above described. but shall be free by held liable for the third to which the widow is entitled. Mississippi Rev. 1 fy Vir. (Kentucky} 1246. No emancipation of any slave shall be valid. 1155.) In Kentucky. contains a saving of the rights of creditors. But ated in addition to the obstacles to emancipation which is cre by the saving in favour of creditors. With such strictness was this law con strued. 256. Code. most formidable difficulties arise. 386. In South Carolina. the Code.) 2 Srevard s Digest. except it &quot.) and accompanied by the above certificate. was held by the court of chancery to be a void bequest. Bostwich. 2 Lift. by law to one-third of her deceased husband personal unless he shall have left sufficient other personal estate. and directs the mode by which it may be effected. the certificate of the justice and freeholders. act By the new civil code of Louisiana. to his slaves.146 In Virginia and Mississippi. Code. executing the enfranchisement. and such fraud shall be considered as PROVED.* * In the law stood thus: South Carolina. &c. fy Swi. when it shall appear that at the moment of IT GRANTING DEBTS. THE PERSON HAD NOT SUFFICIENT PROPERTY TO PAY HIS Jirt. 190. before the passing of the act of 1820. But it is that the in the mode by which emancipation is to be effected. is null and void. See he case of Byrnum vs. be by deed. 27. Code.Any en franchisement made fraud of creditors. shall nevertheless not be free. with direc tions to liberate them. or of the portion re served by law to forced heirs. Swi. here referred to. e. 435. a very extraordinary oneMS opposed on behalf of the widows of deceased slave-hold ers.

whether by way of trust or otherwise. Alabama and Mississippi. presumed. If any severe penalties. a slave-owner must continue a slave-owner. James* Digest.) set person free any slave or slaves. e. 1801). by any other than by an application to the legislature. by special legislative act. that a valid emancipation can be made. it is only by authority of the legislature specially granted. by allowing and securing or at tempting to allow and secure to such slave or slaves the right or by privilege of working for his. Code. 386. 5. the one half to be applied to the use of the county in which the offence may have been committed. shall be still to all intents and purposes as much in a state of slavery as before they were manumitted and set free by the party or parties so offending. either directly conferring or attempting to confer freedom on such slave or slaves. or of en joying the profits of his. free from the control of the master or owner of such slave or slaves.147 Georgia. for in the year 1818.All and every will and testament. Toulmin s Digest. must have been found within her borders. or other instrument in writing. It is not enough that a penalty is imposed upon the be nevolence of a master who may permit his slave to work for himself. to be reco vered by action of debt. 632. Prince s Digest. (unless he dispose of his chattels by sale. her or themselves. or indirectly or virtually. some refractory heretic. the attempt to set free a slave. after the passing of this act.&quot. made and executed for the purpose of effecting or endeavouring to effect the manumission of any slave or slaves. or indictment. is visited with &quot. in the nineteenth it is of the republic of Georgia have seen century. 1801. 398 (act of 1820). deed. 456 (act of Dec. in any other manner and form than the one prescribed herein.^!. Notwithstanding the punish fit ment thus imposed for this new crime which the Christian people to create. and the said slave or slaves so manumitted and set free. shall be and . or by parole. as will appear from the following act: or persons shall.) he shall forfeit for every such offence two hundred dollars. her or their labour or skill. contract or agree ment or stipulation.) until he can induce the legisla ture to indulge him in the wish to set the captives free. mode In Georgia. the other half to the use of the informer. (i. the following act was added to her code: &quot. Prince s Digest. Mississippi Rev.

and the sheriff directed. by whom the emancipation was made. &c. shall be liable to be arrested by warrant under the hand and seal of any magistrate of this state. by public outcry. &c. otherwise than is herein before and may be lawful for any freeholder in this apprehend and take up such slave and deliver him or her to the sheriff of the county.&quot. Ibid. public treasury. shall be liable to be sold as a slave or slaves. &c. except for meritorious services to be adjudged By of and allowed by the County Court. to the end that such per_ if he thinks proper. the sale is to be made by the sheriff. &c. 525.&quot. 537. and the order all such confined slaves to be sold. &c. shall have been made. 466. and all and every person or persons concerned in giving or at- attempting to give effect thereto. and see act of 1788. &quot. to give notice in writing to the pervson son may. and each and every slave or slaves in whose behalf such will or tes or tament. also act of 1796. &c. The sheriff directed five days before the time appointed for the sale of the emancipated negro. it is enacted. in 1777. renew his claim to the negro so emancipated by him. who. 525-6. shall be severally liable to a penalty not exceeding one thousand dollars. and the proceeds of such sales shall be appropriated. any such deed.148 the same are hereby declared to be utterly null and void: and the person or persons so making. to be recovered. upon receiving such slave. and being thereof convicted. &c. on failure to do which. &c. state to it shall shall commit all such slaves to the jail of the county. &c. or in any other way manner whatsoever. ibid. whether by accepting the trust thereby created or attempted to be created. bidder. . there to remain until the next court to court of the county shall during the term.That no negro or mulatto slave shall here after be set free. Hay wood s Manual. 529. and one fifth part of the nett proceeds is to be come tvas the property of the freeholder by whom made. Prince s Digest. to the highest is be held for that county. an act of the General Assembly of North Carolina. and the remaining four fifths are to the apprehension be paid into the ibid. &c. shall give such freeholder a receipt for the same. and license first had and obtained thereupon: and when any slave is or shall be set free by his or her master or owner.

to emancipate or set free his or her slave or slaves. And the said court shall . Code.) cility is afforded of In Kentucky. is exacted in this act. and. greater fa to emancipation. the opinion of the court. Mississippi Rev. &c. a last will or deed. 1801. under seal. 1822. Tenn. or rendered some distinguished service to the state.and po upon a presentation of licy of the state. The first named of these states. June 18. stated. all which circumstances are but pre-requisites. necessary precaution of requiring a bond from the emancipator. in case he should be disqualified from labour by sickness or the infirmities of age. chap. or acknowledged in the court of the county or corporation.149 a The same law obtained in Tennessee till Nov. and Maryland. which continues still in force: will shall be lawful for any person by his or her last and testament. act of 1801. Mississippi has combined in one act all the obstacles to eman cipation which are to be met with in the laws of the other slave- Thus. 27. I suppose.interest&quot. 13. The usual. shall. in proviso. ment in writing.the reasons set forth in said petition. as has been already a saving of the rights of creditors and the protection of 385-6. enacted in 1798 the following law. and enjoy their full free dom as if they had been born free. attested by at sides. the emancipation must be by an instru holding states. when new act was passed. least two credible ivitnesses. or by any other instrument in writing. who shall thereupou be entire ly and fully discharged from the] performance of any contract entered into during their servitude.It ty court by two witnesses or acknowledged by the party in the court of the county where he or she resides. attested and proved in the coun &quot. (act the widow s thirds. under his or her hand and seal. &quot. where the emancipator re proof satisfactory to the General Assembly must be adduced that the slave has done some meritorious act for the benefit of his master. Virginia. authorizing the court to emancipate slaves a petition for that purpose. to indemnify the public against any charge which might accrue for the support of the emancipated slave. be consistent with the . Missouri. the emancipation. with the that &quot. and are of no efficacy until a special act of assembly sanctions to which may be added. Laws.

emancipate his last will The law to the cital. Sue. 744. This latter act was superseded is in 1782. 433-4. Another act was passed in 1723. however. and therefore. 3 Henning s Statutes. By an act of that year. and that from the law of Kentucky. such slave or slaves. forbidding emancipation. when the first legislative interposisition happened. in consequence of a humane law particularly noticed in a previous page* of this sketch. now in force in and which in many essential points has been closely followed in the law of Kentucky of 1798. And in 1800. or them mind. and in default of so doing. In Virginia. the rights of creditors. the law of Virginia differs I allude to the inhuman provision See supra. or by a deed exe cuted by him. being possessed of or having a right to any slave or slaves. &c. &c. and every slave so emancipated shall have a certificate of his freedom from the clerk of such court on parchment. * too of a most important character. 1247. as not See 2 Missouri Laws. ) In one rospect.150 have full power to demand bond and be sufficient security of the emancipator. as above transcribed. Code. may. his or her executors. of Missouri on this subject bears so close an analogy to call for a particular re law of Kentucky of 1798. 2 Litt. slave or slaves that for the maintenance of any may aged or infirm either of body or to prevent him. was rendered nugatory unless the emancipator should send his freedman out of the country within six months from the time of his emancipation. by the introduction of one nearly similar. 132. note f p. an act was passed to remove this impediment. with the county seal affixed thereto. by and testament. not sub ject to disposition by the will of a minor. declaring. by which slaves were constituted real estate. saving. ( Virginia. &quot. the emancipation of any negro or mulatto slave. which this state. &c. 4 ibid. or by an instrument in writing. her. except for me ritorious services to be adjudged of by the governor and council. 7 Ibid. 23. See 1 Rev. the law of emancipation has undergone many changes since the year 1699. the church wardens were authorized to ap prehend and sell him. .That any person of the age of eighteen years. 1155.&quot. so far as concerns the law of descents. becoming chargeable to the county . fy Swi. 87.

should not be considered slaves for life. grant to such slave or slaves.&quot. therefore. her or their hand life.* The existing law of Marylaud on this subject. To remove all doubt on this subject. it is in the law. his. See supra. and any deed or writing whereby freedom shall be given or granted to any such slave. &c. . 171. her or their freedom. by which an emanci more than twenty-one years of age. and seal. .Where any person or persons possessed of any slave or slaves within this state. or at any stipulated age. the 29th section of which is in these words: &quot. takes its date from the act of 1796. the tes not determine the condition of the issue so born. slave. and purposes whatso ever. should be striken out. to fix and determine in the same. next section. andt such person slaves as aforesaid. The word and. chap. by testament. follow. that from and after the first day of February. net of Nov. but merely bound to a servitude for years. that the issue of female slaves so circumstanced. who shall pated negro. Whether such issue should be held as slaves for life. it would.! shall be good to all intents. that the condition of the issue depends upon the condition of the mother. evidenced by two good and sufficient witnesses at least. or on the event of any contingency. . or last will. esteemed slaves for Maryland Laws. According to the maxim. seems not to have been well settled by the courts. which shall be intended to take place in future. may be again reduced to slavery!! Ibid. from the time that such freedom or * manumission is intend- f t. tator. it shall be lawful for the person making such last will. page 18. 8cc. he ought to be regarded not as an absolute slave. and born during the period of their mother s servitude for years. ch. that.151 part of this sketch. capable by labour procure to him or them sufficient food and raiment. or deed of manumission. with the requisite necessaries of and not exceeding forty-five years or persons possessing such slave or of age. being continue within the state more than twelve months after his adverted to in the first right to freedom shall have accrued. 1809. 1810. though In a case of this kind. under his. or upon the performance of any condition. it is provided. shall So far the act is ju service. is slave to be free. that in the event. and sound in to mind and body. shall be declared to be free after any given period of service. they shall be life. but in the &c. or should be regarded as free. 436. the state and condition of the issue that may be born of such negro or mulatto female slave during their period of dicious. as on some other nearly similar cases. who are or shall be of healthy constitutions . 67. constructions. if any negro or mulatto female &quot. may by writing. where a future point of time is fixed at which the plain.

and to remain regularly in the custody of the said clerk for the time being.* Ibid. and that the said clerk shall on the back of every such instrument. directs emancipation to be * made in the In this state. agree imposed cipation is also authorized and 13. in a full. ViUunage. tit. and also of the folio of the book. such a devise or bequest. . The de cision in Maryland is. & See Coke IMt. See Hall vs. Eman will by the same act. &c. the person or persons requiring such entry paying the usual and legal fees for the same. make an endorsement of such enrolment. so that such deed and writing be not in prejudice of creditors. as well to a slave as to the civil law. which instrument of writing be acknowledged before one justice of the peace of the county wherein the person or persons so granting such freedom shall reside.152 ed to commence by the said deed or writing. to be made by last testament. may be manumitted by implication contained in a last As by a devise of real. In North and South Carolina. The state of Louisiana. so far from entitling the slave to freedom. ably to the above section. shall im mediately upon the receipt of such instrument. or a bequest of personal property by his owner. legible hand. and shall well and truly enrol such sufficient book. 205. which justice shall endorse on the back of such in strument the time of the acknowledgment. and to such endorsement set his hand. endorse the time of his receiving the same. cause to be entered mak shall among the records of the county court. and that such slave. according to the true intent and shall meaning of this act. and be able to work and gain a sufficient livelihood and maintenance. a slave will and testament. within six months after the date of such instrument of writing. 190.&quot. to be alphabeted in the names of both parties. which he or they. in conformity with the law of villanage. among the deed or instrument in a good and records of the respective county courts. Mullin. is held to be utterly void. be not above the age aforesaid. in folio. and the clerk of the respective county courts within the state. or the parties concerned. it will be recollected. however. where the person or persons granting such freedom shall reside. and the party ing the same. at the time such freedom or manumission shall take place or com mence. subject to the same restrictions which are in case the emancipation is effected by deed. in which the same shall be enrolled. 5 Harris Johnson s Meports.

&quot. no opposition be made. has given rise to a private act of the assembly of Louisiana. but an enfranchisement. &c. when shall not made by a last will. inexplicable. Art. one named Terence. for such a one wife may be emancipated at any age.&quot. Art. of twenty-four the said Maria years of age. The manner be observed by the emancipator.&quot. his or one of his children. is bound to make a declaration of his intention to the judge of the parish where he resides. such as a legacy. to one accustomed to consider freedom as among the impre scriptible rights of rational creatures. to emancipate his slave. &c. which in such case shall be con if they had not been made. The bearing of this law. testamentary executorship. 184.&quot.) is thus delineated: The master who wishes sidered as to &quot. that the said Maria Martha. *ftrt. and begotten whilst Martha was in the bonds of slavery. the judge must order notice of it to be published during forty days by ad vertisement posted at the door of the court house. be and she is hereby authorized to manumit her two children. page 36. 186. praying to be authorized to manumit two of her children. &quot. and Whereas Maria Martha.153 manner &quot. Jirt.&quot. life of his master. of assembly of Louisiana in the year 1823.&quot. See acts 20 . and if at the expiration of this delay. in conformity of the existing laws of this state. The act alluded an act to authorize the manumission of certain slaves. slaves cannot be manumitted until they have attained a certain age. or by a disposition made in prospect of death. and whereas.No one can emancipate his slave unless the slave has attained the age of thirty years. is entitled. except s a slave who has saved the master &quot. or other dispositions of this nature. master may manumit his slave in this state. of the parish of West Baton Rouge. 187. to.a set forth in the following Articles of her new civil code: act. therefore. either hy an inter vivos. woman of colour.* and has behaved well at least for four years preceding his emancipation. he shall author ize the master to pass the act of emancipation. &c. t( * may seem &quot. which.&quot. (when the emancipation is not by a last will. must be express and formal. are subject nevertheless. The general powers thus conferred. 8cc. both being her own property. be it enacted. an institution of heir. to these limitations: &quot. and be implied by any other circumstances of the testament. has presented a petition to the legislature. a free contains the following recital and enactment. of twenty-six years of age. 185. and the other Valery. pro vided such manumission be made with the forms and under the conditions prescribed by law.

*ftrt. acquired. the period when the right nation. on the subject of emancipation. and becomes free AT THE TIME FIXED for her enfranchisement) even though the mother should die before that time. with reference it is due to the framers of the new civil code. when his eman mean time. being free at 196. has acquired the right of being (i.154 While treating to the laws of Louisiana. it must be admi nistered by a curator. e. . to meet a case the child born of a a. which evidence greater benevolence which may frequently occur. is &quot. to notice distinctly several provisions in this code.&quot. Again. exhibited in slave-holding countries. In the him in kind. that after she has acquired the right of future time. it is to the slave than is usually Thus. in order to be delivered to cipation shall take place.) capable of receiving by testament or do Property given or devised to him.The slave is. J2rt. follows the condition of the mother. must be preserved for him. from that time.&quot. woman an article of the code. &quot. who free at a future time. as well as to the legislature and people by whom it has been adopted. 193.

the topic of slavery was again But when the perils of the revolutionary carefully excluded. was entirely stricken out. the evils of which. states much more Prevailing.APPENDIX. when the original draught of the Declaration of Independence was presented to that body. . And afterwards. CHAPTER I. as was the case. OP THE LAWS OF THE UNITED STATES RELATING TO SLAVERY. and at the Britain. which reprobated in strong language the conduct of the mother country policy. a part of the colonial policy of Great It has been also stated. that long before. while its incompatibility with the principles of a republican government was too palpable not to be generally perceived and acknowledged. a portion of this instrument. in 1778. in each of the original states of the Union. and peace invited the exercise of patriotism. Accordingly. to leave the whole subject unaffected by any national measure. in some than in others. it was the dictate of sound on the part of the FIRST Congress. in particular. ON THE APPORTIONMENT OF REPRESENTATIVES TO CONGRESS. THE introduction of negro slavery into this country was. however. it existed to some extent. at this latter period. as it has been already stated. when the articles of confederation between the several states were adopted. conflict were over. It was an institution. in relation to the slave population. era of our independence. were severely felt. &C.

by which were to be reconciled the jarring elements incident to a wide-spread coun try. which tioned among directs that representatives and direct taxes shall be appor the states. if no provision had been introduced in the would have been wholly at the mercy of the other states. after the same rule or measure so much a head in he first instance. possessed a large number of slaves. and in a high state of cul states. who was a member of the con vention by which the constitution of the United States was formed. peopled by inhabitants whose education. and land in every part of the Union. when viewed in all its bear ings. ceded to the slave-holding states of including within the enume ration of inhabitants by which the ratio of representation was to be ascertained. in the formation of a more stable and more perfect system of government. according to their respective numbers. provision relative to direct taxes. might tax slaves. they had extensive tracts of territory thinly A majority of the states had but few slaves. whose interests and whose religious creeds were different. at discretion or arbitrarily. says: &quot. . the consideration of Politically speaking. involved in this anomalous arrange ment.&quot. imposition in these particulars. three-fifths of those who were held in slavery. speaking of the mode which is prescribed by that instrument for the regulation of direct The provision was made in favour of the Southern states. it will not be pretended. Con gress. The apportionment of representatives among the several states^ was. is beneficial to the slave-holding rather than to the now* The equal representation of the states in slave-holding states. See 3 Dallas* Reports. such as New York and The Pennsylvania. For the surrender of right. which had been pursued in reference to the Declaration of Indepen dence and the Articles of Confederation. ivas the reason of introducing the clause in the constitution. the Senate. as to claim the earliest attention of the In an evil hour. in such case. a sub ject of such prominence. They taxes. obtained not even a nominal equivalent. however. 177. The Southern constitution. To guard them against tivation. and so much an acre in the second. a majority of the states would have been benefited had the same caution been observed with respect to the Constitution. settled and not very productive.156 philanthropy and religion. and several of them a limited territory. confers undue power upon * The late Honourable William Paterson. slavery was forced upon the convention. well settled. the important advantage was con convention. the large rcon-slave-holding states.

and believing as I do. I on the part of the large concede. in which It was the interest of the small states only was consulted. already. it ought. deemed necessary. of equal representation of the several in the Senate. No argument this article of the constitution. never This states latter principle. . induced the consent of the small non- slave-holding states to the monstrous anomaly in a republican government of the legislative representation of slaves by their masters. in order to preserve the federative system . this a compromise. can be advanced to give plausibility to It has been. cognition of slavery in Missouri it in other territories equally enriched the like fit may by operate the like effect the bounty of Heaven abodes of the children of freemen.157 On the contrary. to have been made. known to have been the result of great as was the sacrifice theless. the is LARGE non-slave-holding states. that for this purpose it was indispensable. states. the cause It has secured the re of incalculable detriment to the nation.

an act of this body was passed. for the purpose of carrying on any trade or any FOREIGN COUNTRY. having assembled on the first day of January. Pennsylvania. and preventing foreigners from fitting out vessels for the slave trade in the ports of the United States&quot. OP THE CONSTITUTION OF THE UNITED STATES. Ingersoll s Abridgment.158 CHAPTER II. The ninth section of article second was accordingly incorporated in the constitution. AT the adoption of the constitution. and a penalty was incurred by a violation of this (May States. Sec. which prohibited. prohibiting the traffic ply of slaves to foreign nations. requesting. And afterwards. carried on by citizens of the United States for the sup passed. any vessel within any port or place in traffic in slaves to the United states. or causing. factor or owner. 1794. a majority of the states. acts for the abolition of slavery had been passed. or for any other person whatsoever. or other . not exceeding ten dollars for each 5 person. 670. equipping. no restraint was imposed upon its power to for the supply of foreign prevent her citizens from engaging in the slave trade And a convention of delegates from the Abolition Societies established countries. and on the 22nd day of March of the same year. New York. * By the article of the constitution just quoted. ON THE NINTH SECTION OF ARTICLE II. the importation of slaves into the United States.&quot. either as master. any citizen of the United States. at Phila That a law might be delphia. These states were politically interested to oppose the further importation of slaves. shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight. &quot. or any foreigner. Delaware.) it was made unlawful for any citizen of the United person residing within the same. yet. and &quot. under the penalty of the forfeiture of the ship and a fine of two thousand dollars for each person concerned. &c. prior to the year 1808. In several. from building. 1800. New Jersey. D. directly or indirectly. resident here. This memorial was acted upon by Congress with great promptness. 10. to hold any right or property in a vessel employed in the transportation of slaves from one foreign country to another. Congress was prevented from passing any law to prohibit.&quot. A. but a tax may be imposed on as any of the states now such importation. It is The migration or importation of such persons in these words: existing shall think proper to admit. had but few slaves. Maryland. addressed a memorial to Congress. for himself. in the states of Connecticut.

&c. and not the condition of slaves after their introduction into our country. may be derived from another act of Congress. and a fine of right. the pur ration port of which is but obscurely intimated by the title. in carrying into effect laws which had been enacted by our Atlantic states (both the slave-holding and the non- slave-holding. This law. on the second of March 1807. terval between this date. is. it by the terms of the constitution. 1803. one thousand eight hundred and eight.) to prohibit the importation of slaves from foreign dominions ino their respective territories * See supra. 673. To illus trate this point satisfactorily. a fine equal to twice the value of his interest in any siavc which. double the value of such share or of a forfeiture of such share or right as he might hold. is to evidence the sen timents of at least a majority of the people of the United States. by the laws thereof. in regard to the slave trade. by which utterly prohibited after the of January. have been enacted by Congress under the sanction from which consequences have ensued of such a nature as more than a passing notice. The in will be recollected. . Sec. particularly in regard to the subject treated of in the first part* of this sketch. Ibid 672. as also a careful examination of several acts of the assemblies of some of the individual states of the Union. will require a minute detail of the to require provisions contained in the acts of congress alluded to. that it was obviously the dictate of wisdom to begin with legislation. and that at which. an such importation from abroad. My purpose in introducing the subject of this note. their admission is prohibited. was so brief.An act to prevent the importation of certain persons into certatn states. at any time. Additional authority on the same point.159 As this article concerns the slave trade.&quot. page 19. forbidden to serve on board any vessel employed in the slave trade. on so momentous a subject. was first act was passed. entitled. might have been transported in any such vessel. &c. Accordingly. was designed as a co-ope on behalf of the Federal Government. &quot. certain laws of it. in the vessel. before the expiration of the preceding session. the first Monday in December. where. which was passed Februrary 28th. in itself it But has no immediate connexion with the subject in hand. by the same act. the importation of slaves might be interdicted. also. Citizens of the United States were. and. in the year 1807. under the penalty of a fine not exceeding two thousand dollars and of imprisonment not exceeding two years. day act. The time fixed by law for the annual meeting of congress.

&c. analysis of its provisions will sufficiently elucidate meaning. her tackle. &c. no little obscurity the character of its supporters for perspicacious foresight. and the ship. the act is so discordant. in an unequivocal man the strong and general repugnance felt ner. shall be forfeited. &c. section enforces the restriction in section slaves. . for himself or for any other person. &c. within the jurisdiction of the United States. from being concerned in any way whatever. shall forfeit as slaves. for the purpose of carrying on the slave trade . one thousand eight hundred and eight. colour. equipping. from any of the coasts or kingdoms of Africa. mulatto or person of sell prohibits any person. &c. of the United States. &c.160 of this leading act evinces. citizen. autho rizes a forfeiture of the vessel. a vessel. any negro. &c. I will extract &quot. in building. &c. and for a transgression of this prohibition. or dispose of such negro. in any port. mulatto or person of colour. I cannot for as to involve in The dale bear to add. that the dis of. 1808. by the people of the United States to the slave trade. from any foreign kingdom. shall. &c. &c. But.&quot. And neither the im porter. An my it and being the ground-work of what From and after the first clay of January. with intent to hold. is And &quot. &c. for the purpose of selling them in any port. nor any person or persons claiming from or under him. such and pay five thousand dollars. &c. from and after resident the first day of January. It may be given as United States or any person any within the jurisdiction of the same. I have spoken follows: introduced. after the first day of January. in any ship or vessel. take on board. it shall not be lawful to import or bring into the United States or the territories thereof. &c. any negro.If specially directed against the actual importation of it is in the provisions of this section. The third the second. 1808. as a The second section slave. &c. that. section is The first short. or to be held to service or labour. receive or trans citizen of the port. &c. by imposing a fine of twenty thousand dollars on each person who shall The fourth contravene the object of the preceding sections. while a firm persuasion of the truth of this remark compels me to offer it. place or country. is cordancy. verbally. viewed as a whole. or shall be in any way aiding. follows.

for a slave. regu not contravening the provisions of the act. though the meaning would have been what was to be understood. eight : hundred dollars. 1808. &c. at the time of such purchase or sale. Had the obscure. one moiety to the United States. IN 21 . but the same shall remain subject to any regula may contravening the provisions of this act. fyc. FOR DIS POSING of any such negro. mu or person of colour. such purchaser and seller shall severally forfeit and pay for every negro. who may be sold or disposed of IN VIRTUE OF ANY REGULATION WHICH MAY HEREAFTER BE MADE BY ANY OF THE LEGISLATURES of the several states in that respe&t. or to be any negro. not hereafter may make. knowing latto. yet. after the last day of December. I conceive. who be imported. as aforesaid. &c. 1807. so purchased. in violation of this law. was so brought within the jurisdiction of the United States as aforesaid. But the sixth section removes the obscurity of the fourth. yet if so directed by the state legislatures. by the authority given to the different state lations.161 shall hold any right or title whatsoever to any negro. that the negro. mulatto. it would have and territorial legislatures to make &quot. within the United States. &c. which the legislatures of the several states or territories at any time tions. purchase or sell or person of colour. such negro. as to act stopt here. place or country. &c. for DISPOSING of any such negro.If from and after the first the dominions of any foreign state. &c. or from It is as follows: &quot. he and his off spring. Provided. into any port or place within the jurisdiction of the United States. &c. thai the afore said forfeiture shall not extend to THE SELLER OR PURCHASER of any negro.mulatto or person of colour. who shall have been imported or brought from any foreign kingdom. but it is 4 oo important to be omitted. shall day of January. should be regarded as absolute slaves!!! The sixth section is long. any person or persons whatever. &c. mulatto or person of colour. and explains the intention of con gress to have been. immediately adjoining to the United States. that the imported negro could not be retained as a slave. been held as the proper construction. held to service or labour.&quot.&quot. though illegally import ed.

1808. for a slave. who. reign place which they may procure as a colony for free persons of colour at the sole expense of said society. And what not a little surprising. respectively adopted a similar law. constitution of the United The legislature of Louisiana was not tardy in improving the privileges thus preposterously conferred by congress. and shall likewise pay to his excellency the governor. et seq. place or country. By an act of assembly. another act of congress was passed. or any other fo. sold or disposed of. 1809. at any time thereafter. his excellency the governor is authorized and requested to aid in promoting the benevolent views of said society in such manner as he may deem expedient.&quot. the subjoined section was added: &quot. either for life or for a term of years. consigned to interminable bondage. 1807. or to be held to service or labour. in 1817. on the 20th of April. North whom former in 1816. the latter* Prince s Digest. or who should be. 664. imported into the territory of Louisiana from any foreign kingdom.162 PURSUANCE OP THIS ACT. the Hay wood s Manual. but re-enacting the may seem odious sixth section of the act of March 2d.. the society for the colonization of free persons of colour within the gislatures. all expenses incurred by the state since they have been captured and condemned. contains a provision. limited States. passed March 20th. to be afterwards disposed of as the legislature might deem proper. should be sold by vir tue of a judgment to be rendered by the territorial courts. . though state le illegally imported. imposing more severe pen alties on the prosecution of the slave trade. will undertake to transport them to Africa. 1 Martin s Digest . with intent to be held. and the States.If previous to any sale of such persons of colour. Prince s Digest^ 463. 463. Public attention had not yet been attracted to the inconsis tency of the act of congress which I have indicated. before proof of such importation should be made. who had been poste rior to the first day of January. were. it was enacted. Carolina and Georgia. equally just and humane which not to be found in the act of North Carolina or in that of Louisiana. that every negro. and that the proceeds of such sale should be delivered into the hands of the treasurer of the territory.&quot. and recog- is * The act of Georgia. Having authorized the governor to make sale of the unhappy captives. nevertheless subjected to the control of the and might be by them. mulatto or person of colour. 545. 1818.

that cape when any citizen or other person should lodge information with the attorney general for the district of any state. of the. such attorney commence a prosecution. &c. The evil. &c. was induced to and. to take the said negroes. &c. to cause any of the public armed vessels of the United by a States to be employed to cruise on any of the coasts of the United States. awaked the slumbering repetition energies of the friends of injured Africa: and the same congress by which the act of 1818 had been resume the consideration of the slave so. &c. that any negro. in order to sup press the slave trade. and &c. that any such negro. if the same should be a port of the United States. &c. &c. which might es seizure from the public armed vessels. contrary to the provisions of the acts for the suppression of the slave trade. and if upon the verdict of a jury. of such monstrous injustice. reached its crisis. having negroes. at his discretion. had been imported. 1819. &c. and if brought in elsewhere. Mridgment^ 680. into his custody for safe keeping. &c. had been imported con should be bound forthwith to to of the trary to the acts of congress. trade. and issued against the person charged with hold be process was ing such negro. removal beyond the limits of the United State of such negroes. it was enacted. &c. it should be ascertained. to an agent whom the pre sident was empowered to appoint for such purpose. or on the coast of Africa. See Ingersoll s *ftbridg~ . And to meet the case of slave vessels. &c. they should be delivered to the marshal of the district into which the vessel might be brought.163 nizitig the laws ject. &c. having done law of March 3d. &c. passed. however.. authorized the president. &c. &c. the informer a bounty of fifty dollars for each negro thus de livered into the custody of the marshal. &c. it was made the duty court to direct the marshal. on board. support. and directed that when any vessels should be captured. And as authority was given to the president to make such arrangements he should think expedient for the safe-keeping. several state legislatures ! ! on this sub which have just been commented upon See IngersoWs The soon afterwards. subject to the orders of the The act also grants to president of the United States.

&quot. 683. I he sections of the former acts which conferred authority upon the state legislatures to dispose of ILLEGALLY IMPORTED NEGROES. an act to cany into effect the laws of the United 1823. to be appointed by the governor of the state. and North tion of the act of congress. WERE REPEALED. to sell for the benefit of the state. passed an act. an agent. the And lastly. contrary to the laws of See Toulmin s Digest. upon which I hav^ terms. authorizing in express Carolina.* * Notwithstanding this repeal. all persons of colour who should be brought into the United States. are similar to those comprised in the acts of Louisiana animadverted. The provisions of this extraordinary viola &quot. entitled.164 ment. States prohibiting the slave trade. the state of Alabama. congress prohibiting the slave trade and within the jurisdiction of Alabama. 643. ! ! ! . on first day of January.

165 CHAPTER III. arrest such fugitive is hereby empowered to seize or from labour. shall. tinct Federal Government being composed of thirteen dis and independent sovereignties. on claim of the party whom such service or labour may be due. is the source of bitter anguish immediate victims. is as follows: to labour in any of the United States. OF THE ACT OP CONGRESS RELATIVE TO FUGITIVE SLAVES. article 4. shall escape into any other of the said states or territories. in these words: No person held to service or labour in one state under the laws thereof. in consequence of any law or regulation therein. to witness the spectacle. but shall be delivered up. has been passed. which bears When a person held upon the present inquiry. or before any magistrate of a . in four of which. an act of Congress. slavery had been it was deemed expedient to secure by a stipulation to be inserted in the constitution. under the laws thereof. part of the act of Congress just mentioned. This stipulation com prised in the third division of section 2d. residing or being within the state. escaping into another. of deplorable excitement among the and of painful sympathy and regret to the humane and patriotic white citizen who may be compelled to its free coloured population. The tories on the north-west or south of the river Ohio. in its actual enforcement. which. his agent or attorney. to bondage. and to take him or her before any judge of the circuit or district courts of the United States. and become residents of another state. or in either of the terri &quot. before the constitution of the United States was framed. the person to whom such labour or service may be due. 1793. whose servants or slaves should escape from their masters THE abolished. be discharged from such ser to vice or labour. dated February 12th.&quot. Upon the authority of this provision of the constitution. a right in the citizens of one state. to reclaim such fugitives is and subject them again &quot.

that the person so seized or arrested. under the laws thereof. 501. however. his agent or attorney. either by oral testimony or affidavit taken before certified by a magistrate of any such state or territory. The act of Congress. are so essentially connected. shall. was again recognised by Judge Washington. which shall be sufficient warrant for re moving the said fugitive from labour from which he or she fled. &quot.&quot. was that of Butler vs. by Judge Washington. under the laws of the state or territory from which he or she fled.the second section of the fourth article.&quot. shall. declaring ler vs.) which declares. probably been the forum of most of the de The records. the principle of the decision in At October term. and upon proof to the satisfaction of such judge shall and or magistrate. it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant. of the con stitution of the United States. be discharged from such service. 1 Washington s Circ. 310. Simmons. ESCAPING into another. on an application preferred by J. not attempt a distinct classification. above cited. W. case of an important character. owe service or labour to the person claiming him or her. Sut Hopper. agreeably to . Ingersoll holding to the state or territory s Abridgment . Pennsylvania. from her contiguity to several of the slavestates. e. and the article of the constitution of the United States. having occurred before justices of the peace. (i. therefore. and there leaving him under the protection of some law him free. unfortunately. already inserted at first The It was there said. has. cisions which have been made under this law. did not extend to the case of a slave voluntarily carried by his master into another state. Court Rep. that no person that held to labour or service in one state. as relates to the pre sent chapter. 1823. city or town corporate.166 county. se lected by the claimant from their known willingness to subserve his interest. Hopper. wherein such seizure or arrest be made. have been made I one as to the other. doth. that the judicial decisions to which I generally as much in reference to the have alluded. of but few of these have been preserved a majority. in cons equence of any law therein. considerable length. rather than to administer with impartiality the au thority delegated to them.

and continued absent until August. gave himpermission. Marshall was again arrested. till within a few years. of John Bu&quot. South Carolina. by Judge Barnes. 1825. he would. deceased. his decease. and one year before the death of John Buchell. 1822. 1793. in June. in August. The time of absence granted not successful. 7 then his master. The Judge having taken time for deliberation. About four years previous to the hearing before Judge Barnes. fused the certificate. 1825. to that come into Pennsylvania. saying. At the time when he absconded. upon his express promise. Marshall s return to Maryland. within a certain period. passed March 25th. re- . and brought a hearing. chell. and at the time of was an inhabitant of Cecil county. bring he would return himself. was his slave. Maryland. that of Congress applied exclusively to fugitive slaves. Marshall abscond ed from his master s residence.167 the act of Congress of February 12. in order to obtain possession of these children. Marshall Green. when he came to the city of Philadelphia. and not to those whom their masters themselves brought from one the act stale to another. that Simmons was a citizen of Charleston. and as such to have been brought by him to Upon these facts the Judge re Philadelphia. now President of the Dis trict Court for the city and county of Philadelphia. took a house. 1826. this case. and had lived there. he took with him After his three children. decided on the twentieth of February. a black man. who for many years before. James was admitted to have been his slave before and at the time of his leaving Charleston. in compliance with the of the commonwealth of Penn directions of the act of assembly before him for sylvania. for a certificate that a black man. upon the third case A may following facts: as a slave. be adduced. and carried back to Maryland.andfor that purpose furnished him with a PASS. &c. It was proved in James Mathist. and dismissed the application. by the master having expired. if successful in the pur them to his master if suit of his children. by virtue of a warrant issued by Judge Barnes. Peter Buchell. administrator. when he was arrested by Peter Buchell. 1826. generally. was claimed by Peter Buchell. who were alleged also to be slaves. and with his family had resided in the city ever since.

claim of the said Gale. Judge Armstrong having heard the parties. construction of considerable importance. upon the ground. a ground of its having issued contrary to the constitution and laws of the United States. in pur suance of the act of the congress of the United States. gave a certificate. in a case stated. and carried before Rich ard Renshaw. Esq. justice of the peace. &c. under the act of Congress. who was of the prison of the city and county of Philadelphia. that the act of Congress did not embrace a case like that before him. that the plaintiff having been claimed by Rasin Gale of Kent county. by which it appeared. directed the writ to be quashed. corpus. by sufficient testimony. from whose service. the certificate of the judge was conclusive evidence of the right of the master to remove the plaintiff to the state of Maryland. in the state of Maryland. therefore. in a case brought before it in 1819. that by the act &quot. The facts were submitted to the court. that no writ of a civil nature could . Esq. an associ Common Pleas. therefore. returnable before ate judge of the Court of The plaintiff then sued out a habeas Thomas Armstrong. he had absconded. sued out coloured man. by the Supreme Court of Pennsylvania. master s consent. that the plaintiff owed labour or service to said Gale. inasmuch as Marshall was not a fugitive slave but. on the by the plaintiff. in the county of Philadelphia.168 fused the certificate applied for by the master. by his had not &quot. and the said judge. de livered the said certificate to the said Gale. which was ably supported in the opinion he pronounced. on the ground. in order that the plaintiff The might be removed to the state of Maryland. has been placed upon another portion of the act of congress. had left Maryland and come into Pennsylvania. who committed the in order that inquiry might be made into the plaintiff to prison. in the state of Mary land.This was a writ de homine replegiando. and. of congress. court having held the case under advisement for several days. against the defendant. was arrested by him. The A following is the reporter s statement prefixed to the decision of the court: &quot. that it appeared to him. the keeper and the defendant s counsel now moved to quash it. as a fugitive from his service. escaped from one state into another&quot.

where a slave had absconded from his master. could not issue civil process to prevent the master from reclaiming him. upon the charge of fornication and bastardy. inasmuch as a slave is. Hodges. prohibiting them from the fur ther exercise of these powers. But the constitution of the United States does not exempt to interrupt the runaway slaves from the penal laws of a state in which they may happen to flee upon escaping from their masters. Wright. And Johnson s (N. and as such had given credit to him for goods. the subject of arresting fugitive slaves having been again brought. to mitted during his residence in Pennsylvania. besides the re-enactment the act of 1820.169 be issued master in tiie exercise of the power him by the certificate. living in the state of Maryland. &quot. 3 Sergeant 8? Rawle s Reports.* complaint having been made against justices of the and aldermen for an abuse of the powers given to them peace by the act of congress. the legislature of Pennsylvania. incapable of making a contract. and was afterwards confined in prison in the city of Philadelphia. in law. that a citizen of this latter state. passed an act. 62-4. 5 Sergeant fy Rawle s Reports. com refused to deliver tained. Be it enacted. are here inserted. That when a person held to la bour or service in any of the United States. 1826. or in either of the territories thereof. a law was of the prohibition in passed. fyc. but ordered him to be de answer the charge which had been made against him. who had the state of New traded with him under the belief that he was free. 4-6. Deacon. under the laws thereof. Case of the Commoniuealth. from their importance. shall escape into this Much * See supra. which. As.) Reports. And on the 25th of March. gro see for a similar opinion 9 Holloway. Glen vs. the Supreme Court him to his master. otherwise called conferred upon Hall vs. before the legislatue.Sect. dated March 27th. 1820. in a very extraordinary manner. by the Supreme Court of York. 3. contains many other regulations which. a ne vs. it But. and had taken re fuge in Vermont. that where a slave had absconded from his master living in the state of New York. 70. on the relation of Johnson. Y. page 22 . was held in this latter case.

county. or justice. to whom the same shall be delivered within the proper city or county. State of Pennsylvania. the person to whom such labour or. of Whereas appears by the oath. sylvania to the sheriff or ss: The commonwealth of Penn any constable of it county. greeting. so that the truth of the matter may be inquired into. constituted in writing.170 commonwealth. justice of the peace.) at A. Sect. or authorized agent or attorney. his or her duly authorized agent or attorney. before the person issuing the warrant. and bring him. D. service i$ due. That no judge. . (or if a justice of the peace or alderman) before a judge of the court of case common pleas. fyc. forthwith. (or alderman. and service of the said therefore . to arrest shall and seize said fugitive. as the case this may be. justice of the peace . authorizing and empowering said sheriff. and directed to the sheriff or any consta he is ble of the proper city or county. county. as the may be. one thousand eight hundred and By virtue of such warrant the person named therein may be arrest ed by the proper sheriff. was held that the said to labour or service. and the said be dealt with as the constitution of the United States and the laws of this commonwealth day of directs. supported by the oath or affirmation of such claimant. that the said fugitive hath escaped from his or her service. or recorder of a city. who on such application. who be named in said warrant. or from the service of the person for whom duly constituted agent or attorney. if and seize the body of the said he be found in your county. affirmation. or solemn that .4. as aforesaid. or constable. of your proper county. Witness our said judge. or alderman. or of the district court. Be it enacted. and to bring said fugitive be fore a judge of the proper county. is hereby authorized to apply to any judge. or constable. to of and . shall issue his warrant under his hand and seal. You are commanded to arrest . in the state of hath escaped from the labour . which said warrant shall be in the form or to the effect following: &quot. if a judge.

171 or alderman. shall issue a warrant. of the same. age and description of the person of such fugitive. when he grants or issues any warrant under the provisions of the third section of this act. That it shall be the duty of any judge. and any judge. on con viction thereof. file a certified copy thereof in the office of the clerk of the court of general quarter sessions of the peace or mayor s court. which affidavit shall state the said claimant s title. shall without unnecessary delay. one half to the party prosecuting for the same. 5. at the discretion of the court. shall on conviction thereof. signed by the clerk or prothonotary. or neglect to comply with the provisions of this section. according to the exi gency of the warrant. and certified by a justice of the peace or other ma gistrate authorized to administer oaths. to make a fair record on his docket. receiving and executing the said warrant. Be it enacted. justice of the peace or alderman. shall be deemed guilty of a misdemeanor in office. to the service of such fugitive. to ad minister oaths. in addition to his own oath or produce the affidavit of the claimant of the fugitive. as provided in the said third section. and authen ticated by the seal of a court of record. Sect. be sentenced to pay. taken before. and any sheriff or constable. be sentenced to pay. the name and place of residence of the person making such affidavit. in which he shall enter the whose place of residence of the person on the said warrant may be granted and oath or affirmation name and also if an affidavit shall of the fourth section of this have been produced under the provisions act. and accompanied by the cer tificate of the authority of such justice or other magistrate. fyc. unless the said agent or attorney shall. any sum not ex- . and shall within ten days thereafter. in such state or territory. at the discretion of the court. and also the name. and the age and description of the person of the alleged fugitive contained in such affidavit. of the proper city or county. justice of the peace or alderman. and that any sheriff or constable. in the state or territory in which such claimant shall reside. on the application of any agent or attorney. affirmation. and the other half to the commonwealth. who shall re fuse or wilfully neglect so to do. any sum not exceeding one thousand dollars. who shall refuse. carry the person arrested before the judge. and shall.

fyc. as to the satisfaction of such judge. That on the hearing last mentioined. there to be detained at the ex pense of the owner. That when the fugitive shall be before the judge. That the said fugitive from labour or service. Be it enacted. unless the said claimant. shall give security. before the judge. which shall be sufficient warrant for removing the said fugitive to the state or territory from which he or she fled: Provided. 6.172 ceeding five hundred dollars. his agent or attorney. so arrested. when the the said fugitive shall be brought before him by habeas corpus. or other person interested. his agent or attorney. one half to the party prosecutip-g and the other half to the commonwealth. to the said judge. when aforesaid. and upon proof. it shall be the duty of such judge to give a certificate thereof. also he sentenced to imprisonment. 7. agent or attorney. be given. That the oath of the owner or owners. Be it enacted. sick or otherwise unable to attend. or both. shall be brought before a judge. such adjournment shall by not be granted. his or her duly authorized agent or attorney. owe service or la bour to the person claiming him or her. to such claimant. and have testimo ny material to the matter in controversy that can be obtained in it shall and may be lawful. doth. at the chamber of the said judge. or taking the security as aforesaid. for the appearance of the satisfactory said fugitive. judge. on the hearing of the case. for such time as the said judge shall think reasonable and just. under the laws of the state or territory from which he or she fled. satisfactory to the judge. Sect. or in term time. that the person so seized or arrested. on the day to which the hearing shall be ad journed: Provided. common jail for safe keeping. and to a day certain. unless security. should be absent. on a day certain. for a time not exceeding six months. fyc. at hard labour. for final hearing and adjudication: if the adjournment of the hearing be requested the claimant. in the court house of the proper county. . to appear and pro Provided. if the judge committing the said fugitive. to commit the said fugitive to a reasonable time. that he or she is not prepared for trial. or shall for the same. shall in no case be receiv ed in evidence. That secute his claim. agreeably to the provisions of this acb brought and either party allege. and prove to the satisfaction of the said Sect.

nor ex ceeding one thousand dollars. affidavit or testimony of any person or persons whatsoever. to the state or territory from which he or she fled. entitled &quot. on notice and to decide thereon. of any court of record of this commonwealth. in which he shall enter the name. issue or grant any certificate or warrant of removal. be the duty of either of the other judges. Sect. sex and a general description of the person of the negro or mulatto. or on conviction thereof. dred and ninety-three. 10.An act re from the specting fugitives from justice. nor shall any alderman or justice of the peace.&quot. the one half to the party prosecut ing for the same. passed on the twelfth day of February. That no alderman or justice of the peace of this commonwealth shall have jurisdiction. the United States or territories. one thousand seven hun justice. $c. he shall be deemed guilty of a misdemeanor in office. upon the application. then. authority or act of the congress of the United States. any sum not less to pay. except in the shall grant or issue any cer of removal as aforesaid. except in the manner and to the effect provided in the third section of this act. entiled &quot.&quot. to make a fair record of the same.173 Jt shall to attend to the said hearing. be sentenced of the court. and shall manner herein before provided. and in either tificate or warrant case. age. of any such fugitive from labour. at the discretion than five hundred dollars. of this common wealth. take cognizance or juris diction of the case of any such fugitive as aforesaid. and persons escaping service of their masters. 9. fyc. one thousand seven hundred and ninety-three. claimed to be a fugitive from labour. and of this act. under a certain act of congress. and if any alderman or justice of the peace of this commonwealth. Be it enacted. in pursuance of an act of congress.An act respecting fugitives from and persons escaping from the service of their masters. or under any other law. That it shall be the duty of the judge or recorder. under the said act of congress. it Be enacted. from any of Sect. of any negro or mulatto. as aforesaid. or take cognizance of the case of any fugitive from labour. for . shall contravene the provisions of this act. when he grants or issues any certificate or warrant of removal. passed on the twelfth day of February. and the other half to the use of this common wealth.

the sole arbiter of the law and the fact. is to be regarded as conclusive evidence of a right the individual to whom it is granted. notwithstanding the tendency of these regulations. it is manifest. no other may that inspire. except what the dread of punishment a justice of the peace. great injustice to coloured persons may But in those states. to remove his captive to a land where his very colour is his condemnation. where still be perpetrated with impunity. and the party claiming such negro or mulatto. sits. and risprudence no regard for his reputation. that even in Pennsylvania. or reside. and shall within ten days thereafter. perhaps. in the privacy of his cham ber. a much greater security than he before possessed. knowledge of ju than the almost boundless extent of his powers. is to throw around the person claimed as a fugitive slave. by the de cision of the Supreme Court of the state. with.&quot. file a certified copy thereof. the certificate of the in judge. yet since. if he so please. who will say.174 shall grant such certificate or warrant of removal. to with the evidence and the name of places of residence of gether the witnesses. &c. of the clerk of the court of general quarter sessions of mayor s court of the city or county in which he may But. manstealing may not be prosecuted under the panoply of the law? . in whom he the office the peace.

con no provision on the subject. without And such is not only the plain intent. and by cessions from many of the original states of the confederacy. but is known by the name of Ter ritories. Un property belonging to the United States. the Fede and Government has.rt. title to the limits of that cession. that slavery should not be permitted pily. north west of the river Ohio. was ceded. previous to the formation of a state out of a part of its territory. and make all &quot. OP THE JURISDICTION OF THE FEDERAL GOVERNMENT OVER THE TERRITORIES NOT YET FORMED INTO STATES. but has been the uniform construction of this article of the con stitution. tions.175 CHAPTER IV. of the constitution. is risdiction. 3. acquired lawful peaceable possession of a vast extent of country. therefore. at different times. much of which is not yet formed into states. Government derive tain The treaties by which the Federal Louisiana and the Floridas. By ral several treaties with foreign powers. as to those portions which are not comprised within the With .Congress needful rules and regulations respecting the territory or other * J3. hap the condition. It is competent for her now to do so. is the treaties and acts of cession impose condi Federal Government over the Terri limit. 4. respect to Louisiana. the deed of cession of the territory there! territory The south of the same nessee. to exercise entire ju The provision alluded to. the Federal Government is expressly authorized by the constitution. shall have power to dispose of. the authority of the tories. upon On the contrary. this: less. Over these Territories. it was competent to the United States to have annihilated the institution of slavery within the whole of its extensive borders. made it forming at this time the state of Ten imperative on Congress to tpleratc it within river.

That after the establishment of the aforesaid government.Authorizing the establishment of a government in the Mississippi Territory. for each and slave so imported. and providing for the States. on a point not very re gulations have been motely allied to that subject. or which should be imported thereafter from any port or place without the limits of the United States. See acts of the 2nd session of the 5th Congress. &c. On the 7th of April 1798. fyc. the seventh sec tion of which provides. thereupon. or knowingly to aid or assist in so importing. shall thereupon be come entitled to and receive his or her freedom. into the act of Congress passed March Louisiana into two terri 26. the first of any slave or slaves which had been imported since May.176 bounds of the ridas: 1 wo states have been created this out of it. shall. an act was passed by this body.&quot. 45. But highly important re made by Congress.And no slave or slaves shall into said territory. 1798. &e. contrary to the provisions of this act.&quot. into any port or place within the limits of the United States. be entitled to and receive his or her . it shall not be lawful for any person or persons to import or bring into the said Mississippi Territory. &c. prohibiting. &quot. except as to the name of the territory. This section is incorporated without the least variation. or to cause or procure to be so imported. except directly or indirectly be introduced of the United States removing into said territory by a citizen removal for actual settlement. has not been at remark tempted by the Federal Government. &quot. in a similar predicament. chap. &c. &quot. and every slave import bond fide owner of such slave ed or brought into the said territory. shall forfeit. any every &c. the sum of three hundred dollars.An act erecting temporary government thereof. and concluding in this manner: &quot. under an equal penalty. from any port or place without the limits of the United States. &quot. slave or slaves. entitled. and being at the time of such or slaves. The abolition of slavery in her territories. &c. obviously. &c. 1804.&quot. the introduction into Louisiana Terri or place within the limits of the United tory. and that every person so offending. It is hardly necessary to apply specifically to the Flothey are. and that every slave so imported. with supplementary regulations.from any port tories. in the first place.

would be led to infer. Let the introduction of slaves into these territories. This act does honour to the illustrious proceeded. demand this to 23 . WHOLLY FORBIDDEN. may be easily ries. the A rkansas. Humanity and religion. But the act supplied. Jlctual settlers and bona fide owners may protect this traffic to an extent adequate to the de mand. its benefits were of much less value than one. as of the non-slave-holding states. A prohibition on this subject. to be effectual. In practice. not fully conversant with the mode in which the DOMESTIC slave trade is prosecuted.&quot. however. be. and Florida Territo The defects which have been suggested. as a precedent to Congress. in regard to the Missouri. should be ABSOLUTE AND WITHOUT ANY EXCEPTION. be done. without incurring a risk at all commensurate with the is of great moment. probable gain.177 freedom. chap. 10. body from which it 33. *ftcts of the 1st session of the 8th Congress. the character of our country the true interests as well of the slave-holding. without delay.

shall continue and re &quot. I have not collection of public statutes. The form in which it was found convenient to print the table inserted on the above pages. either from the code or from the constitution of the state. or shall be altered or repealed by the legisla thereof. according to the view which I have taken. may at the discretion of the court. Some. 23. &quot. 22. under the head of &quot. 25. to the opinion. prevented the following note from being added in its proper place. whether or It not. might with propriety have been noted in reference to the punishment of white persons. ture The expressions &quot. punishment namely. by Gover nor Poindexter.&quot. seem to refer exclusively to statutes and not to the common law. and. that it is not in force there. that white persons are not at all punishable for any of these offences. are not offences by the common law. oi which the reader should be apprised. In forming this table. The Revised Code. in The same remark. receive 3.9 For different. It ventured to speak peremptorily on this point. misprisionor concealment of the felonies mentioned. contains no statute which adopts the common law or any por tion of it.not provided for by statute. this is the assigned for a crime somewhat . &quot. Nos. by the legislature. therefore.&quot. however.&quot.gt.a fine not exceeding 300 dollars. is recognized there.punishment of white persons. expir ing by their own limitation.&quot. is all laws and parts of declared in the constitution. the common law or any part of it. for of fences. &quot. instead of that i.&quot. and 27. deed. 26. some hesitancy. that. &quot. laws now in force in the Mississippi territory. in many instances. 20. that much time and study were bestowed upon it. under the authority of an appointment for this The excellence of its execution. which implies. e. until they expire by their limitation.178 NOTE TO PAGES ill U&amp.. purpose. not able to learn to my entire satisfaction. Feeling. a difficulty has been experienced. I am. but have stated in the table.&quot. and not repug nant to the provisions of this constitution. 21.parts of laws &quot. is a and is so expressly denominated. main o-ivn in force as the laws of this state. I incline. The Revised Code of Mississippi was prepared chiefly in 182 1 and 1822. evinces nevertheless. lashes.not provided for by statute. which and I have given.

to their masters. PROP. . at his discretion. or mortgaged. both as to quantity and quality. The master may determine the relation of master and slave.. 51 A slave cannot be a party before a judicial tribunal. 50 PROP. - ed master. nor obtain a change of mas ters. . for the if third persons. and upon what authority they 9 CHAPTER Of the PROP.a personal chattel. II. x. or leased. contract. Slaves can make no Slavery is hereditary and perpetual.. and time of la -21 - bour. suit. xii. ir. vin. Slaves have no legal rights of property in things. as slaves. PROP. their owners may bring injury. injured by and recover damages. He may be sold by process of law for the satisfaction of the debts of a living. - 59 61 PROP. though cruel treatment may have rendered such change necessary for their personal safety. incidents of slavery i. inflict m 30 35 PROP. CHAPTER Of the persons who may beheld are so held.. iv. Slaves cannot redeem themselves. The master may. in point of law. The slave being. is at all times liable to be sold absolutely. 45 PROP. . no matter how atroci ous may have been the injury received from him. Slaves being objects of properly. the kind. depute as his agent. v. ix. real or per sonal. vn. and degree. against his master. 62 . or find convenient. any punishment upon the person of his slave. All the power of the master ovei his slave may be exercised not by himself only in person.. -57 PROP. in. to which the slave shall be subjected. in any species of action.. but whatever they may acquire belongs. - - 26 The master may supply the slave with such food and clothingonly. PROP. I. as he may think proper. PROP.. 57 PROP. at the will of his master. vi. or the debts and bequests of a deceas also at the suit of creditors or legatees.CONTENTS. but by any one whom he may 44 PROP. xi.

Of the laws of the United States relating to slavery. iv. - 145 APPENDIX. v. - 76 from the slave. SECT. is 96 1 SECT. but to that of all other white persons. the efforts of the humane and charitable to supply these wants are discountenanced by law. in. 90 Submission SECT. SECT. ir. ii. CHAPTER Of the federal jurisdiction of the - IV. not to the will of his mas ter only. SECT. either - in a civil or criminal cause. Of the laws for the abolition of slavery. member of civil society. condition of the slave considered as a i. An omitted note. The benefits of education are withheld The means for moral and . CHAPTER On SBCT.119 manner inconsistent with the rights of humanity. 158 III. 65 - SECT. On the laws regulating the emancipation of slaves. i. &c. . religious instruction are not granted to the slave. vii. He cannot be a party to a civil suit. required of the slave. SECT. Slaves are prosecuted and tried upon criminal accusations in a . of representatives to congress. of the constitution of the United States. IV. III. on the contrary. CHAPTER On the apportionment I.180 CHAPTER Of the SECT. II. CHAPTER Of the act of congress relative to fugitive slaves. - 65 A slave cannot be a witness against a white person. territories not yet government over the formed intestates. vi. The penal codes of the slave-holding states bear much more severely upon slaves than upon white persons. the dissolution of slavery. CHAPTER On the ninth section of Article II.

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