P. 1
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)

|Views: 13|Likes:
Published by Giselle Muhammad

More info:

Published by: Giselle Muhammad on Oct 02, 2011
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less







*V * *N .


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

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

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

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

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

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

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

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

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

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

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

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

Spanish and Portuguese colonies. he shall not be obnoxious to the evils of slavery. that by the common the law of Villanage. of a much more humane character than can can be found in the codes of our slave-holding states. free.14 Stephen s Slavery of the British West India Colonies deline Edwards West Indies. Had mate these two maxims of the common law. humanity and religion would have had cause to rejoice. that whether born in or out law which I of wedlock. if not by Of the French colonies and of express law. condition of \hc. spring follows the condition of is and. . that the off illegiti the father. at which. 1. inasmuch as it servile population. on kindred topics. though superior to what may be avouched for the negro. chap. I have not such information as will authorize an may deserve much reliance . the Dutch. prevails there also. declares. that. 21 . it recommended by its huma i. slavery is in all respects milder than in those of the British. yet. the evils of would have prevented the tremendous augmentation of our which are daily more and more felt. the children are slaves whenever the mothers are But as to the child born out of wedlock. with a consistency strongly nity. opinion which been already incidentally noticed. I am aware of a reply which may be given to these remarks. book 4. that by way of inheritance. declares this principle in une quivocal terms. would have been free it may have no claim to support it destiny. the offspring always followed the law. a& ated. by custom. and indeed the It has have just extracted. 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. father: it has been also stated. ex ! woman a cept from the source just mentioned. A consequence of this latter rule is. tives of public policy the common law prevents him from de riving any benefit from his parents. the con dition of the offspring depends upon the condition of the mother. with respect to slavery among us. while from mo so. yet. that an been permitted to retain their place in colonial jurisprudence. it is fairly inferrible that a in the regulation equally favourable to freedom. in the Code Noir it is certain many provisions may be indicated. And. e.

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

. was established. 2 Henning and Munford s Reports. to establish a contrary doctrine at the present day. &c. No law was adduced to show the origination of such it appeared by several acts of assembly. &quot. are converted into absolute slaves. 1 Henning and Munford-$ it Reports. &c. 139. the codes of the slave-holding states exhibit a 1 considerable number of enactments. 4 Munford s Reports. in the first place. shall may even at the present sions of the courts protect all others. in South Caro slave. if any. 209. by which FREE negroes. others. Rachel. preme in the state of New Jersey. time be held as slaves in Virginia! But the deci The highest court of judicature has de ! cided. have been so long recognised as slaves. &quot. to the owner. sum of twenty shillings for ten pounds currency for the every succeeding day. that it would be as great a violation of the rights of property a right. to and at the time of her removal. whose maternal ancestors had not been reduced to till after 1691. and in case And such forfeitures cannot be levied. one of which was as early as 1713-14.16 the case of Hudgins vs. or a slave forfeit the lina. together with the charges attending the prose cution. but &quot. shall not pay the same. could not lawfully be held in slavery there. 374 to 376. Chief Justice Kinsey remarked.flMft was decided by the su Indians might be held as slaves. Waggoner. previously &quot. &c. And. as it would in the case of Africans.&quot. In addition to the laws already cited. in the year 1797. Butt vs. &c. and the money arising by such sale shall. as slaves. lost their freedom. if zfree negro harbour. . be paid for and applied towards the for feiture. in our They (Indians) law.&quot. Thus. conceal or ENTERTAIN a runaway with any criminal matter. first day. The State Halstead s Reports. although such Indian was a slave in the country (Jamaica) from which she had been brought. that they were classed with negroes and mulattoes. that a native American Indian brought into Virginia since the year 1691. Hill and in which cases the claim to freedom of at least twelve descendants of native slavery American Indians. or such free negro. he shall charged &quot. 149. and as useless to investigate the man ner in which they ORIGINALLY vs. shall be ordered by the justice to be sold at public outcry. Wright. &c. Pallas and others vs. court. &quot. &c. See also. and the overplus. declaring who shall be deemed slaves. such FREE negro.

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

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

) for coming into the state. 1807. Before quitting this chapter. &c. to 1808&quot. it is thought. Missis Maryland. liable to be and not having the ability* to show himself dom.&quot. where the interest of white persons is in question. when I come to treat of the exclusion of negroes. 3: &quot. who. made specifically for into the United States brought states. and will be readily apprehended from the subjoined extract from the act of that province in 1663. chap. in 1717. Prince s sold by public outcry as a slave. &c.) adopted these provi If any free negro or mulatto intermarry with any white woman. (chap. such negro or mulatto shall become a slave during life. 2. (Indians in amity with the state. &c. excepted. See the Appendix. 389. to our country. she or they shall be &quot. the condemnation under laws of several of the slave-holding this purpose. 436. 1818. by order of the court. arriving in any ship. entitled act to prohibit the importation of slaves. a subsequent chapter. and regularly articled By seamen. negro or mulatto woman. &c. of natives of Africa. Code. mulattoes. or if any white man shall intermarry with any &quot. sions: entitled to free slave. a species of SERVITUDE. &c. an act of Georgia. . as a sippi Rev. from and &quot.&quot. sect. every negro or mulatto found within the state. Another copious source of slavery. Digest. An after the first day of January. &c.) which is peculiar. for the benefit of THE LITE RARY FUND!!&quot. &c.All the ISSUE of English * The extreme hardship of this law will be seen. chap. sect. I shall defer the consi deration of. 465.) a penalty of a of one hundred dollars is incurred by any free person of fine colour. except mulattoes born of white women. and upon failure to pay the same within the time prescribed in the sentence. it may not be amiss to notice cursorily.19 by the overseers of the poor. Code. as witnesses. &c. he. (growing out of slavery. may be sold. In Mississippi. 20. I Rev. It originated most probably in the province of Maryland. 5. (December 19. shall become servants for seven years. and see 467. in violation of the act of congress of March 2. 13.

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

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

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

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

&quot. Absolute des of power than potism needs not a more comprehensive grant And though the particular design that which is here conferred. The master was as liable to be sued by the immoderate chastisement. fered hardships not greater than hired Judge Reeve. lest the slavery which prevailed in this state should be forgotten. administrators and all intent assigns. &?c. the treatment of slaves was in general mild and humane. or for A slave was capable of as he would be if he had thus treated an apprentice. as by law es conform to this deduction. The master had no con If he killed him. respecting slaves. by his prochein ami (next friend. however. And in order to simplify the inquiry. 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. to . appropriate for the purpose consonant with an inflexible principle of their acknowledged law. his slave would be entitled to an action against him. mention some things. 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. . slave. I shall subjoin. and that the difference betwixt them was this: an apprentice is a servant for time. to use the words of the How and tablished protected. 340-1.24 owners and possessors. far the existing state of slavery. 2 Brev. to all intents. it is whatsoever. in Connecticut. constructions and purposes whatsoever. and to enable the reader to arrive at a proper conclusion without difficulty. and their executors. rigid kind. as heretofore practised in this state.&quot. that a slave shall be deemed a Viewing the language. s&amp. chattel personal in the hands of his owner.&quot. must guage now be uninteresting. &quot. he was liable to the same pun trol over the life of his slave. to quadrupeds. fyc. in distinct propositions. ishment as if he killed a freeman. Reeve s Law of Barm tf Femme. speaking of slavery there. yet it is not on It is strictly to which I apply it. I will. Dig. that slaves had the same right of life and property as apprentices. 446. holds this lan The law. what will be found to be corollaries lations. will may best appear by a more minute investigation of the subject. in an action for beating or wounding. And : holding property. fyc. 229 Prince s Digest. that show that slavery here was very far from being of the absolute. that the dominion of the master is as unlimited.) From the whole we see. and the slave is a servant for life. in this light. and they suf servants. in character of devisee or legatee. If the master should take away such property.gt.

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

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

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

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

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

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

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

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

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

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

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

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


are authorized (not



assume the unheardin

of character for judges
to sue

become SUITORS

another court


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.


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


should be afforded.

It results, of course, that

they must defray

them from
even in

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,




If the


of the master, to the extent here implied,


sanctioned by express law, racter of a civilized people.

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


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.



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

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


are not white.
a time in

There was
districts of



not in


the slave-holding

our country, when the murder of a slave was followed


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


to say, the wilful, malicious

and deliberate murder of a

by whomsoever


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,



of Assembly (1817); Prince

s Digest,


& 456;

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


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

Act of March




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



Missouri, Constitution, art. 3,




Missouri Laws,





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

creature, but merely
shall hereafter


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



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

and see Laws of

Tennessee, act


like proviso.


language of the constitution of Georgia,

art. 4,



so nearly similar, that I transcribe

in this place, in order that


be considered together.


Any person who shall ma
life, shall


dismember or deprive a slave of



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

Prince s Digest, 559.


glaring inconsistency of the declaration in the preamble

to the act of

North Carolina,

a distinction of criminality

mined, that

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.

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

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

shall inflict any other cruel punishment. quote again from In case any person shall wilfully cut out the tongue. Christianity has effected within the last century. limbs.&quot. James Digest. on a sudden heat the following quotation : or by undue correction. chap. If a man smite the. And if he smite out his man servant s tooth. dred and fifty pounds. of a fellow crea- How different was the Mosaic law. without limit. been suffered to disgrace the statute book from the year 1740 to the present hour. from If any person shall. so far as relates to the benefit of clergy. every such person shall. or I &quot. what idea of humanity must a people entertain. who. the reader will judge for himself. This section has. or the eye of his maid. she has not to conquer the spirit which dictated this abominable To say nothing of the trifling penalty for mutilation. or confining or imprisoning such slave. or the or passion. burn. has been supplied killing by an enactment in the same year. current money. by death without The latter section. slave of any other person. has been repealed by an act of 1821.40 any description. would be not unfrequently chargeable upon the master or his overseer. that it perish. or by putting irons on. 2 Bre- vard s Digest. 392. or deprive any slave of any limb. Exodus. or cruelly scald. he shall forfeit the sum of three hun &quot. other than by whip ping or beating with a horsewhip. shall let him go free for his tooth s sake. or his maid servant s tooth. he * &quot. and which there is a strong probability. Amidst all the mutations which been able law. Where the as life of the slave is thus feebly protected.&quot. of South Carolina. 2\. The first named of these sections. but authorizes an impri 9 sonment not exceeding six months. for feit the sum of one hundred pounds.* castrate. I have already mentioned. current money. might be expected. and guarded against. cowskin. switch or small stick. which punishes the wilful. which DIMINISHES the pecu niary penalty to five hundred dollars. share no better the act of 1740. his fate. or member. he shall let him go free for his eytfs sake&quot. is delineated in another section of the same act. malicious and deliberate murder of a slave. of a slave on a sudden heat or passion. by direct legislation sanction the beating. for every such offence. 241. how adequately. vmes 26. Ibid. as far as I have been able to learn. 27. put out the eye.&quot. 241. &quot. kill his own slave. . eye of his servant.

ture, with

^Horsewhip or cowskin

and the

infliction of



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


dungeon keep,

however loathsome.

Such, nevertheless,


the just interpretation of this law time denominates these very acts



at the




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


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.


power of

the master


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


years before, and was so at

the time


the Civil

Code was adopted.
to oblige the


constitution of Mississippi bestows

sembly power

make laws

upon the general owners of slaves



* 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

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

of March



pamphlet, page 64.

It is

ration, that the legislature of the



worthy of special commemo by the law given above in the


from 1 Martin

s Digest,




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


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

them with humanity

or slaves sold for the benefit of the
sect. 1

owner or owners.


ercise of the

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

and to abstain from

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

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.



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.


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


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

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




not only empowers the legislature


oblige the owners of slaves to treat

them with humanity, and



Alabama has a

similar law,

except as to the penalty, which


but one hun



s Digest, 631.

abstain from
ftrt. 3,
its all

injuries to

them extending

to life or



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


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


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,



mit such slave to the


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




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

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


a fair review of

of this proposition, the result
to inflict corporal

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


any extent, short of


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


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,

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

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

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

Haywood s Manual. and order the same to be sold at public outcry. that one month the passing of this act. &c. he shall pronounce and declare the goods so seized. the boats. the bene other half to 385-6. shall belong to any slave jr be after Ml of any slave s mark. and to deliver the same into the hands of any justice of the peace. and by them applied. cattle. shall be seized and sold by the County Wardens. the one-half to the support of the poor of the county.&quot. nor more than twenty. &c. 135.47 breed. one half of the monies arising from such sale to go to the state. cattle. &c. and Laws of Tennessee. nearest to the place.for Mississippi Rev. and Haywood &quot. Jlct him or them that sue for the same. and all or hogs. Manual.&quot. 2 Missouri Laws. &quot. should sometimes permit the slave to hire himself. s Similar. Georgia has im posed a penalty of thirty dollars every weekly offence. to another for his own benefit. any horses. mares. 1740. sheep or hogs. 534. and the James Digest. to seize and take away from any slave. for the benefit of such slave. is in nearly the same words. all such goods. and such justice shall take the oath of the person making such shall seizure. sheep. &c. 1159-60. periaugers or canoes. Code. &c. And. 2 Lift. North Carolina interposed as fol horses. unless the labour be done on his own Prince s Dig. in this state. and if the said justice be satisfied that such seizure has been made according to law. and the master shall be fined not less than ten dollars. &quot. 23. hogs or sheep. chap. So. And it shall be lawful for any person whatsoever. under pain of forfeiting all the goods. horses. See Missis- . Prince s Digest. &c. where the seizure shall be made. if the master shall permit his slave to hire it is himself out. 374-5. 526. &c. to apprehend such slave. And in Virginia. in Kentucky. See slight modification. 453. Code. to be forfeited. see 1 Rev. Oct. 4* Swi. and the other half to the informer. mares. cattle. As lows: early as the year 1779. 1813. 375. on the part of the master. of The act of the legislature of Georgia. with a premises. concerning the manner thereof. 457. volence of the master. made lawful for any person and the duty of the Sheriff. boats. lest perchance. Digest. 743.

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

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

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

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

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

that by the Code Noir. state. fyc. 68-9. states in This. 47. I call the Code Noir much more humane. creditors. says he. gradual in its operation. 8?c~ at a public sale of slaves. in these latter states. sufficient authority is at once disclosed for the prosecution. there be some who are disabled through old age or otherwise. 1 Martin s Digest.53 Of the liability. cannot be exported from the state without the Ad of June 14. 20. For.&quot. then. nor the Sales made contrary to this without the children. &quot. for the payment of his debts it may safely. from what has been said upon this and upon the void. owner. last tial preceding proposition. yet the master may retain them and sell their children. and sold separate from the land they cultivate. happen to and transfer of slaves* at the will of the master. the children who shall not have attained the full age of ten years. These provisions have probably been suggested by a knowledge of the Ibid. Every person is expressly prohibited from selling separately from their mothers. and attached to the soil they cultivate.&quot. not only but against his will by process of law. it has been found necessary to prevent slaves from being carried out of their respective limits. by a law. much more humane ones which are comprised in the Code Noir of Louis XIV. according to the Louisiana law. and thus the like painful separation be effected. &quot. parents of law under seizure for debts. clared See Stephen s Slavery. And in Delaware. 612. are real estate. are de regulation. the &quot. but in the French colo nies also. that a precedent to such cruel injustice is not to Plantation slaves. extracts from which are given in the text of the former proposition. be pronounced. &quot. as most of the remarks in this work. whenever the abolition of slavery has been. 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. and they can the not be seized or sold by creditors for satisfaction of the debts of It has already been stated. for though the slaves disabled by old age. not only in the Spanish and Portuguese. applies exclusively to those which laws for the abolition of slavery have not been enacted. 8tc. Since. by process art. act of July 7. partaking therewith all the restrainsts upon voluntary alienation to which the possessor of the land is there liable.&quot. be found in any part of the old world. at least. by the master s &quot. of slaves to be seized authority.&quot. are not to be sold apart from their children without their consent. slaves two justices of the court of quarter sessions. 1806. I believe. and who have children. 1793. .&quot. though * a slave-holding license of ch. husband cannot be sold without the wife. such slaves shall not be sold but with such of his or her children whom he or she may think proper to go with.

&c. nor shall any slave or indented servant of colour. Georgia. Section 2. shall forfeit and pay the sum of one hundred pounds for each and every slave or indented servant of colour so im sell. the further introduction of them into their re Laws with this aspect. have been enacted in spective limits. deserves particular commemoration. water. who may be imported or brought contrary to the intent and mean ing of this act. And every person who shall knowingly ported or brought. sold or hired by any person what ever. Kentucky. and Louisiana. manner. buy or hire such slave or indented servant of colour. while they permit their citizens to sell their slaves to whom they please. and I therefore transcribe those sec From and which are important to the present inquiry: after the first day of May next. Section same. yet. for reasons of policy. &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. of the inter-territorial slave trade which exists among us. have found it expedient to enact laws to prohibit. the states of Delaware. The act of as sembly of North Carolina. &c. Maryland. one moiety of which forfeiture shall be to the use of the state. Tennessee. and the other moiety to him or ** them who sheriffs. shall sue for the It shall officers of this state. which if they or any of them neglect * lina. Every person importing or bringing slaves or indented servants of colour into this state. by land or water.54 to any extent. constables or other judicial and ministerial 3. however. in a great measure. Many of the slave-holding states. after the said first day of May next. with but little variation. in . and to carry them where they please. . to use all reasonable and lawful means to carry this act into effect.* has probably served as a precedent in the other states. no slave or indented servant of colour shall be imported or brought into this state by land or tions &quot. have been adopted. being one of the earliest. forfeit in like jfor and pay the sum of one hundred pounds each and every slave. North and South Carolina. be bought. coroners. be the duty of all justices of the peace. contrary to the provisions of this act. shall. which.

act of 1826. 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. But it was not until 1817. Prince s Digest. And any who shdl fail. act of 261 inclu (actsoflSQO. 1802 #1803. Nothing in this act shall be construed to prevent any person or persons. 7. Hay wood s Manual. deand in favour of those who state. To the generality of this prohibition the following exceptions are added: &quot. it is made the duty of the persons coming within them to make oath. being citizens of the United States. or to prohibit any citizen of this state. by an article of her constitution. or subjects or citizens of foreign countries. such slaves or servants of colour as they may think proper . officer it shall be deemed a misdemeanor in office. sive. Section 4.55 to do. &c. in order to settle in another state. slaves introduced are not intended for traffic. who intend to reside and settle within the limits of this state. Louisiana. act of 1815. and shall be proceeded against in the like manner and to the like effect.&quot. ) of slaves admissible into the above states. chap. and act of 1789. into this by land or water. legislature was procured for the prohibition of the inter-territorial . 67. act of 1787. 2 Litt. 11. s Digest. 373-4. her or them. by marriage. 4. And in order to guard against an abuse of the privileges conferred by these exceptions.). 1794. Laws of Delaware. (see pamphlet laws. &c. who may obtain slaves. legacy. 2. 145. or to prevent such persons from travelling with their slaves. in vir tue of the proviso.&quot. from bringing the slaves or servants of colour so obtained or contracted for. as to persons removing with slaves into the derive them by gift. 193. or who hath heretofore entered into bona fide contracts.* act of 1817. through this state. gift. chap. The number may * The African slave trade was prohibited in Georgia in 1798. neglect or refuse upon application. Laws of Maryland. And see 2 Brevard 256 to 533-4. to per form the duties aforesaid. that the act of the traffic. from bringing with him. devise or descent. chap. that the state. ch. act of 1796. II G2. nor in evasion of the act of assembly above cited. art. Sf Swi.

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

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

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

canoe. &quot. is the statement prefixed to the case. it the supreme court of Maryland. by which the master was enabled to sustain his suit against a third person. unless the violence used is so great as to de And so. a loss of service. in that state. Cornfute vs. year 1796. IF INJURED BY THIRD PERSONS. . Dale. his speech. a decision of teriorate the property of the master. exasperated by the punishment and disgrace which must Would you. had the care of his master s fishing The following &quot. on Sullivan s Island. to &quot. on the officers in Florida. a diminution of the faculty of the slave for bodily labour.&quot. 70. &quot. and it may. 1822.59 be to pass laws professedly to punish the master s cruelty to his slave. with respect to proper ty in general. Taken does not operate as a shield to the slave against cor poral aggression. The negro * told him he could not have it. warrant an action by the master. ports. therefore. said Mr. by the name of Sims White vs. February 2nh. in the A case. was decided by the constitutional court of appeals in South Ca rolina. 1 Harris and Johnson s Re the report of which may be found in 2 Bay s Re ports. has established the law to be. SLAVES BEING OBJECTS OF PROPERTY. plaintiff s negro that the negro in question.&quot. Randolph. for a corporal injury to his slave. or at least. if the slave is still to be left in the power of the same master. when the defendant went down to the landing place. where it was. in ensue from conviction. It came out in evidence on the trial. This is a maxim of the common law. THEIR OWNERS MAY BRING SUIT AND RE COVER DAMAGES FOR THE INJURY. in regard to slaves also. to that would you very Prop. by the reporter. and said he would take it and go out fishing in it. James Chambers. There must be. be assumed to be the law of all the slave-holding states. delivered* in the house of representatives. Special action in the case for beating the man. although a loss of service was not alleged in the de claration. X. strictly. 4. imprisonment of the Spanish send a slave who had been abused by his overseer overseer for protection.

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

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

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

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

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

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

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

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

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

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

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

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

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

civil law. be heard even in their own behalf. upon what plau the unqualified and universal rejection of the lat sible ground It is without the ter as a witness. with much greater against force may it be urged in reference to the competency of the If trial free negro. be 10 . whether civilized or savage. in respect to what he learnt during his nonage. 182 . 2.73 vented from giving testimony then. Stephen. it can be of but little use to enact severe penalties against kidnapping. to prevent an entire failure of justice. under sity. a distinction of immense advantage. He to his might even give evidence of what came knowledge be fore his enfranchisement. at least. some circumstances. a privilege not allowed by the same law to the man of full age. in may be supported by reasons. Tit. 5. from neces e. i. on objections which are now treated as of insufficient validity. citing Voetius ad pand. it is to me inconceivable. Indeed. can be supported. equally forcible. free negroes are received as witnesses in civil actions against white persons. in legal contemplation. will. And such a right it seems probable obtained Massachusetts. Besides. without inconve in particular. I have no doubt. note to page 23. 181-2. The grant of a like privilege to the slave against his master. Such is the case where personal violence has been offered by the one to the other. For this improvement are principally indebted to the as certained practical excellence of trial by jury. Stephen. may. on the contrary. Lib. where can hardly be expected a white person would be able to testify as to the pedigree of a black. with decisive public See supra. hus in judicial administration we band and wife. as far as we are informed. Secrecy in this crime. as far as it is in the power of the perpetrator. xxii. precedent of any other country. nience by jury is a sufficient answer to the several objections the admission of a slave s testimony. While this unqualified and universal exclusion of the evi dence of coloured persons prevails. who. it is The freedman was a competent witness by the believed. it especially in a trial for freedom. advantage. in particular. in general) from motives of public policy and humanity are forbidden or excused from testifying for or against each other. In the West Indies.

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

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

that the offender shall be acquitted,



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





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



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


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


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


what has been already extracted, but which

for the sake of per

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

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

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


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

of the


court, at

any time

in vacation.

And the


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

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

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

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


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,
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


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

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


the burthen


to be a slave to

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


white witnesses,

as has

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


of those



be free

and of the

fairest character.




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,



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)




The same

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


manifested in Virginia, where, if the claimant shall

for aiding


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,


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,


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

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

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

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

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

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

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

72. in a land where. Maryland s Laws of1792. &quot. than in the United it States. and. &quot. re Shortly after the date of the cession. as it will be perceived. by suspected own pecuniary advantage. if residing on the Eastern Shore. And should the runaway not be a slave. imprisoning and advertis ing such servant or slave. entitled &quot. it shall be the duty of such sheriff and he is hereby . within sixty days from such commitment. he is made merchandise presumed to be so. yet. &. supplying their place pealed by the following regulations. or some person in his. See. if residing on the Western Shore. to cause the same to be advertised in some public newspaper or papers printed in the city of Baltimore. and the town of Easton. and in such other public manner as he shall think proper. and to continue the same therein until the said runa way is released by due course of law. &c. and pay or secure to be paid all such legal costs and charges as have accrued by reason of apprehending.And if no person shall apply for such runaway. upon any runaway servant or slave being committed to his custody. upon and to direct their conduct Whereas it is represented &quot. and to make particular and minute description of the person. the prevalence of a practice of. to cause the same to be adver some public newspaper within twenty days after such commitment. The con stitutions of nearly all the states. to the great injury of owners. tised in within the space of thirty days from such commitment. of advertising as aforesaid. that the sheriffs of the re the spective counties have neglected to advertise runaways. to cause the same to be advertised in the Maryland Herald and Maryland Journal. on the part of sheriffs. The act sets forth. rized. her or their behalf runaway. then it shall be the duty of such sheriff. and where others like him are daily the facility with which his imprisonment. be turned to the account of some favourite of that collusion. would be greatly But whatever may have been the true cause. passed the twenty -second An ad to restrain the ill practices of sheriffs. the legislature of Maryland the act c/1719. (November session. 72.86 more generally diffused. of prolonging the imprisonment of persons apprehended as runaways. however. could easily make the duty of the respecofficer. and the act of 1792. any runaway being committed to their custody. are That it shall be the duty of the the same as the repealed acts. to cause the runaway to be advertised as heretofore directed. shall not apply for such runaway within the space of sixty days from the time &quot. in the Maryland Journal and Georgetown Weekly Leger. ch. the city of Washington. is evidenced by an act of assembly. from his colour. to this general assembly.&quot.c. might be rendered profitable to the sheriff. &quot. In that part of the District of Columbia which was ceded by the state of Maryland to the federal government. aided by the provisions of this increased. ch. &quot. day of December.&quot. therefore. to his and eventually. and to make par ticular and minute description of the clothing. That it be the duty of the several sheriffs.} chap. which. that respecting runaways. 2. clothes and bodily marks of such runaway.&quot.&quot. person and bodily marks of such If the owner or owners. in principle sheriffs (re spectively) of the several counties of this state. within fifteen days after such commitment. 1792. act. the whole of these laws are still in force.

and such judge means as he may deem most advisable. he may remand such suspected runaway to prison. whether the person ap^r^KelioreiiTZ^aTuna^ay snouH be deemed such. had been found inconvenient to takers-up and sheriffs. 1. in their discretion. of the time and place for sale of such servant required and directed to give public notice or slave. and the notice re and the time quired to be given by law by the sheriff shall have been given.) legislative was called into action in the following extraordinary measure : inter &quot. ed as aforesaid by him to be appointed.&quot. 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. I will not position presume to conjecture. and at such time and place shall proceed to sell session. 1803. above transcribed.) By recurring to the sections of the law of 1715. 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. The barbarous severity to coloured persons which pervades the whole of the laws of Maryland on this subject. and no person or persons shall have applied for and claimed said suspected runaway.&quot. has at length been somewhat softened by an act passed February third.87 tive legislatures to establish and support seminaries citizens. bidder. and be accord had been abused. as he may think most advisable. her or their title to such suspected runaway. by competent testimony. (November 1 fcf 2. as servant or slave shall be committed to the gaol of any county in this a runaway. that the said negro or mulatto is not a runaway. It is in these words: &quot. and if he shall have reason able grounds to believe that such suspected runaway is a slave.. required to examine and inquire. in 1810. not less than twenty days after the tune limit has expired. to be confined for such further or additional time as he may judge right and proper. and immediately by advertisements^ to be set up at the court-house door and such other public places as he shall think proper. 1818. otherwise than by a commitment to the gaol of the county of which he is a judge or justice. he shall cause such notice to be given by the sheriff to such supposed owner. agreeably to the laws now in force. Whether such power a proper exercise of it. 96. and if he shall have reason to believe that such suspected runaway is the slave of any particular person.) chap. but. and proved his. (chap. before whom any negro or mulatto shall be brought as a runaway. but if said judge shall not have reasonable ground to believe such such suspected runaway suspected runaway to be a slave. for their detention expired. and dispose of such servant or slave to the highest c/1802. it will be seen that magistrates were empowered to decide. for learning. he shall forthwith order to be released. Laws of Maryland.Hereafter. with his commitment. or whether ingly committed to prison. in the county where such servant or slave is in custody. adequate to the wants of the Common schools are.and if no shall apply for such suspected runaway after person . before it shall be lawful for the said court. by such whether such suspected runaway be a slave or not. as is now required by law. (passed 8th of January. shall be satisfied. 63. to proceed to sell such savant or slave. when any state. Any court or any judge or justice of this state.

In none of these do the laws interpose to afford any aid or faci lity for the acquisition of learning to persons of colour. relieve and discharge such suspected runaway. she legislation on this subject. reiterates an enactment. That all and every person and persons whatsoever. which is sterling. in the night. also. at the expiration of such time. forfeit the sum of one hundred pounds current money. December session of 1817. . ral. or any other place. the expense of keeping such runaway in confinement shall be levied on the county.&quot. who shall hereafter teach or cause any slave or slaves to be taught to write. her or their title as the law now requires. though in a less direct Virginia manner. 455. South Carolina may lay claim to the earliest movement in In 1740. &c. for every such offence. expenses are now levied&quot. may be at &quot. within the time for which he may be remanded. or suffering Whereas the having of slaves taught to them to be employed in writing. or shall use or employ any slave as a scribe in any manner of writing what soever hereafter taught to write. or at &quot. 6. I might add. be perhaps in all tween white and coloured children. but schools are constantly maintained for the reception and instruction of poor children of every class and complexion. except as to the penalty. chap. or houses. different policy began very early in the slave-holding states. whether A slaves or freemen. that the benefits of education are withheld from the and. by act of 1770. and prove his. as other county in either case. 243.88 &quot. make from On the contrary. Prince s Digest.&quot. while yet a province. and when such suspected runaway shall be discharged. tended with great inconveniences. namely. no distinction is made in the distribution of the public bounty towards this object. slave enacted this law: write. the said sheriff shall. Laws of Maryland. has attained the same end. provided for the education of the poor gratis. 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. will satisfactorily de monstrate the truth of the proposition at the head of this section. Her Revised Code of 1819. similar in Georgia. 112. Be it enacted. 2 Brevard s Digest. every such person or persons shall. In seve of the free states. the extracts which I shall the laws of these latter states. from the free negro also. he may be so remanded.

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

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

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

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

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

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

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

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

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

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

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

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

1150. the owner of the plantation may inflict ten lashes for every such offence. Code. act of 1770. by a recent traveller in the is Province. and the ample and humane code of laws which they have enacted. when a sense of justice wrung from him the humbling confession which he thus recorded: &quot.&quot. by our territorial gov ernment there. page From the tenor of many of his remarks. 243. Code. and such white person may apprehend and if he shall assault and strike such white person. 2 Missouri Laws. more than six men slaves meeting with extreme regret. Well. in any high road. when a more galling oppression pro claims its existence to the slave. on each of them. for the protection of the blacks. of our slave-holding states. &c. of his master. blush with shame. and page 348. &c. or off the plan &c. In Delaware. both bond and free. Rev. he may be lawfully killed. without some white person in tation. and also enforce. as soon as they heard of the approach Notices of East Florida. e.) who were apprehen sive of falling into the also power of the Americans. If a slave shall presume to come upon the plantation of any person. title. Scarcely is the power of our re public recognized there by the free. &c. See &quot. 231. moderately correct him. not exceeding twenty lashes a piece.) tine.&quot. company. the Seminole nation of Indians. Prince s Dig.* 2 Brev. 5. 15. the writer states. that law has been recently introduced into the Floridas. evidently an inha bitant of one of our slave-holding . Dig. Mississippi Rev. act of 1723. and see Maryland 1 and 5. and to inflict a whipping. 3. to apprehend such slaves. with an account of the American authorities. might even the inhabitant slaves. tra velling or assembled together. Dig. It shall be lawful for any person who shall see more than seven men slaves. indeed. 2 Brev. e. laws. 422-3. without leave in writing from his master. 447.. Augus States. Penal laws. 8?c.The indulgent treatment of their slaves. &c. and Sivi. occa sioned many and of the Indian slaves (i. to transport themselves to Havanna. 43. of East Florida. 371.101 if a slave shall be out of the house. 741. employer. Dig. Prince s Dig. without some white person with them. citizens of the United most of the free people of colour who resided in St. chap.the many years in which these provinces were under their dominion. (i. The humanity which the Spaniards manifest towards their * It is tills rendered such a measure unnecessary during. 454. of 42. and shall refuse to submit to an examination of And any white person. by which the Spaniards are so honourably distin guished. not being sent on lawful business. 1 Virg. 2 Lift. I have been apprized by the newspapers. No.

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

professor of law in the university of William and Mary. says the same respectable writer laid &quot.&quot. Haywood s Manual. nia. in the woods even of his master. by such ways and means as he mig-ht think fit. 524. requiring that it should appear to the satisfaction of the justices. trailers 981. of which slaves are severely punished) would swell this branch of the subject beyond its appropriate limits. &c. slave who has been outlawed* running away and lurking in swamps. 2. A slave endeavouring} to entice another slave to run away. he may direct thirty-nine lashes. magistrate. and I trust will See Appendix to Slackstone s Commentaries. (act of For travelling in the night. 2 Litt. In 1772 some restraints practice of outlawing slaves . And. 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. 2 If taken before a Missouri Laws. * Such was once the law of 1705. 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. aiders and . 981.103 may inflict ten lashes upon him.) For hunting with dogs. 2 Litt. its adoption. and his and their accomplices. 1729. without accusation or impeachment of any crime for so doing Speaking. (act Haywood s of 1741.In 1 . 614. that the slaves were out-lying mischief. every thing relative to the outlawry of slaves never again find a place in part. 521-2.) Manual. by proclamation to outlaw runaways. travelling by himself from his master s land to any other place. without a pass. it&quot. 518. (act of 1753. fy Swi. or being found in another person s negro quarters or kitch inflict en. Haywood s Manual. ibid. 741. Ibid. &quot. the slave is subjected to a whipping of thirty lashes. the owner of the land on which such slave may be found is authorized to For forty lashes upon him. who might there after be killed and destroyed by any person whatsoever. and ibid. forty lashes. unless by the most usual and accustomed road. and every negro in vagrant slave shall be found. Sf Swi.) ibid . Judge Tucker. every such slave and slaves. incurs also Any person may lawfully kill for a whose company suck twenty lashes. Virgi Such are the cruelties to which a state of slavery gives birth. page 56-7. was expunged from our code. observes such the horrors to which the human mind is capable of being reconciled by &quot. again. second it How long will be before such sentiments prevail in North &quot. In 1792. forty lashes. two justices of the Virginia also.&quot.of this law and some others of a kindred nature. &c. peace were authorized.

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

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

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

11. by their relative In this Virginia will be first noticed. whether the offender be white or black. the reader bearing in mind. murder fully setting fire to in the first degree wil arson. 3 contains at least FIVE crimes. that one of these states is is an old. In treating of this proposition. state. and their specific it punishments.107 PUNISHMENTS OP MUCH GREATER SEVERITY UPON SLAVES THAN UPON WHITE PERSONS CONVICTED OP SIMILAR OFFENCES. I shall. that a conviction for a general remark on the subject of the penal code of this state. or aiding. are not designed to convey the idea. so far as may be necessary in order to comprise the offences which are punished by death in those states. assist ing. at common law a house in a town. in connexion with similar . though in none of these are whites punished in a ment in the penitentiary. that the table comprises at least 71 crimes for which SLAVES are CAPITALLY punished. at least FOUR. Code. hiring or commanding any person to do the same. 613. No. merely as a convenient means of indicating the correspondence of the crimes. at least TWELVE. 616 4- 587. occupying similar places in the second and third columns of the table. it may a felony does not work a forfeiture of goods. Code. manner more severe than imprison Thus. No. exhibit synopses of the penal codes of the states of Virginia and Missis sippi. numeral signs. No. at least FIVE. are crimes severally punishable with death. * As be stated. 16. 1 Rev. 15. bond or free. 13. that the numeral signs PREFIXED to the crimes named in the first column of this table.* The following table will place this subject in a clearer light. abetting. at least THIRTY. This selection recommended by the considerations. geographical positions. . and the other a new state that the codes of both have been recently revised ~and in some measure. TWO. No. in the first place. So far from having the former signification. 14. 1 Rev. that they are severally EXPONENTS of one crime ONLY but are used. No. No. will be found. counselling.

.108 .

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

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

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

gt. .112 1 &amp.

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

i. being ac 4. rob rj-l. 11. such corporal punishment short of Sun.) discretion of the court. # Swi. child under ten years of age. is in twenty-three of which the Benefit of Clergy not allowed. rape. 2 Litt. burning the penitentiary 3. but no part of the punishment shall be fine or imprison ment. the Benefit of Clergy is taken away entirely. Simple larceny. above designated ones. 1161-2. 1 Missouri Laws. All other offences. From most of these also. when perpetrated by slaves. great cruelty may be legally practised: For all other offences. &f f A distinction is made. wilfully Murder These are Slaves meet a similar punishment for eleven crimes. by express law. title. whites forfeit 1. life. 1160-1-4. wounding a white person person with an intent to kill See 2 Lift. with an intent to kill. as to white Blacks and mulattoes. administering burglary with an intent to kill 8. are allowed a privilege somewluit resembling it. Capital felonies abound in South Carolina. the court may punish by stripes at their discretion&quot. is a capital felony. for this offence one hundred lashes are authorized to be given. between males and females. but in lieu thereof. shooting at a white bery 5. Murder 2. a commutation of capital punishment direct. $ Swi. 1154. attempting poison to commit a rape on a white woman 10. manslaughter 9. not exceeding thirty-nine lashes.&quot. 6.114 lowing section of a law. &? Swi. arson 3. in South Carolina. life for four crimes only. are punish able with whipping only. suffer death there for White persons Slaves incur a twenty -seven offences. without See James Digest. to the value of by a white person or by the benefit of clergy!!! one dollar and seven cents. In Kentucky. as the court may 2 Litt. convicted of clergyablc offences. 2. 1825. whether perpetrated a slave. before shall be punished. for &quot. 1006-1009. crimes and misdemeanors* * In this state. similar fate for thirty-six offences. on a white woman 4. e. the carnal abuse of a female cessary thereto before the fact 2 Lift. Both are to be marked in the . persons. ex cept for advising the murder of any person. passed July 4. the Benefit of Clergy has been taken away. 985. at the whom the conviction shall be had. (except the &quot. conspiracy to rebel 7. 312-13. whether bond or free.) they (slaves.* viz. ibid.

to life or limb. are at all punishable in that state. Prince s Digest. which purports to be a complete digest of the laws of North Carolina. together with a few authorised of minor offences. may be punished at the discretion of the court. & female. for the most part. And in reference to slaves. exclusively of High Treason. for which whipping is commonly directed. or imprisoned for the space of a year afterwards. Thus a slave outlawed for ing mischief. or against any other slave or person of colour. 351. or attempting to burn a house in a city. * I James Digest. with a burning-hot iron. for at least* nine. extending the punishment Prince s Digest. . .521. have used the words. But it is only for the wilful and malicious burning or setting fire to. to use the phraseology of the law. may be whipped. the court keeping in view the principles of humanity and in no case. All other offences. before whom such slave may be tried. lurking in swamps.115 In Georgia. a male is discharged without further punishment. that * white person is similarly punished. at the discretion of Roman M or T upon it. with the exception of offences al ready noticed. 461. Hay- hand. An out For any such burning. and do be lawfully killed by ANY PERSON. in this place. having a according to the nature of the crime. running away. some barbarous enactments to invite and sanction the murder of this defenceless class of beings. contains no general penal code. Haywood s Manual. in 1818. conclude all the in sanguinary expiations formation which is to be derived from this source. 97 & 99. arson is the malicious and wilful burn ing of the house or out house of another. unable to ascertain from it. may wood s Manual. town or village. either against persons or property. in the enumeration of the nine offences I have given for which slaves are capitally punished. in passing sentence. is ranked as but one offence. upon the brawn of the left thumb. I am. But. Slaves. ibid. placed in the stocJcs. 1816. Jlct of December \. committed by a slave. a house. the court. The language of the code is. according to the defini tion in the Georgia Code.&quot. which were in force at the date of its publication. inasmuch as arson. provided the offender be a slave. a considerable number. &quot. whites are pun ished capitally for three crimes only. slave is put to death. is a term of very loose and extensive import. whether crimes committed by whites. which. at least. comprehends.

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

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

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

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

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

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

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

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

must concur in their verdict.124 any crime. that instead of the two justices and three freehol ders. in Virginia. or. of death. instead of the two justices of the peace. even tnd by m jury. as to the constitution of the court. the same. WITHOUT JURIES. to Louisiana authorize a conviction. At times. by an act of assembly ? 392-3. shall direct. (for such the huma and common lav considers him. In the best constituted courts.&quot. in monarchical governments. is James Digest. guards against oppression. picion of with the judge v$ his legal adviser. 429. may. the other. where skilful counsel aid the of twelve men. than that a judge of the court. Rev. either in South Carolina or tages which are not yielded one. Code. June 7. i. for whose ser vices a proper compensation is fixed by law. in requiring unanimity in the justices. Code. may be found in the daily prints of 1820. the said which by law. from the fallibility human judgment. horrid spectacles arc sometimes such manner of death. n of some instances. when. if present. 1 Virg. court on the trial of a slave. been contemned to death. the strong br o f power. . an ^adequate security &quot. shall be a tin s Digest. 1806. negro woman to death.) it is not to be doubted nity of the that innocent persons have. and which they shall judge will be most deter others from offending in the like manner. the punishment would he death. as they may think exhibited to public gaze. in the procedure of the Rev. 1 But in Virginia. The law. this act of South Carolina was adopted. passed with no other change. 428. is. not seldom. Jive justices. says the act. when the offence charged is loudly reprobated by the DU blic voice. justices shall give judgment and award such manner* tor as the said justices. to be paid by the master.&quot. substantially competent tribunal for trying slaves. in the allowance of counsel. when the passions of men are highij inflamed. 1 Mar the only differ ence being. he enjoys two important advan to him. * Under the to award authority here given to the justices and freeholders. effectual to 7 with the consent of said free holders. charged with felony. the burning of a fit. e. In Louisiana. where a jury ally selected. imparti prisoner in h\s defence. is exerted with all its to crush an obnoxious individual. against whom he has no ground for even the sus an unfavourable bias. 642. act. An account of one of these.

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

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

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

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

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

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

who shall be persons. therefore. possess general interest. And whereas the condition of those persons who have here tofore been denominated negro and mulatto slaves. deemed of sufficient practical value. an injury. so much time having elapsed since the passing of the act. &c. and we conceive ourselves at this particular period extraordinarily called upon. which they otherwise might. by the blessings which we have received. 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. EX TINGUISHED AND FOR EVER ABOLISHED. and who. to der their service to society. however. no prospect before them whereon they may rest their having sorrows and their hopes. It will be more properly introduced hereafter.131 all conditions and nations . and also in grateful commemoration of our own happy deliverance from that state of unconditional submission to which we were the tyranny of Britain.&quot. That all as well negroes and mulattoes as others. The fourth and next section of the act relates to the children aforesaid. to require particular reference. UTTERLY TAKEN AWAY. the common blessings that they were by nature entitled to. chiefly in omission by the master to register his slaves in due time. &quot. 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. has been attended with circumstances which not only deprived them of fession. . 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. according to the foregoing provisions. would be born free. Be it enacted. have no reasonable inducement to ren tice. 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. born within this state from and after the passing of this act. shall be of the slaves which. In jus by supposing persons so unhappily circumstanced. to manifest the sincerity of our pro and to give a substantial proof of our gratitude. None of them. The fifth section for life. the greatness of which can only be conceived that we were in the same unhappy case. 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.

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

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

except at those times when he visited his plan No person is entitled to the protection of the exception. which is italicized. The conclusion is inevitable. for such necessary expense. to which any such negro. before such slave. as applied to unequivocal meaning the absolute emancipation of persons born as slaves. at the same time. when these children were born. not attained the age of twenty-eight years at the date of the act. master or mistress of such negro. who were brought before the court before the first as slaves for by habeas corpus. severally shall be liable to the overseers of the poor of the city. I am. unless his or her master or shall. of opinion. as such overseers may be put to. cordingly brought before the supreme court in the year 1789. was supposed to limit the generality and of the fifth and tenth sections. 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. but their former master claimed to retain the with his family in Philadelphia. a minister or consul. notwithstanding the name and other descriptions of such negro. township.184 under the name of a sixth section. is tations in the Southern states.&quot. administrators and assigns. &c. &c. parents being more than twenty-eight years of age were admit ted to be free. with costs of suits there on. attain his or her twenty- eighth year. &c. securing to such slave. a minister or consul. But the jury find that the plaintiff was a resident. and a case of this kind was ac &quot. &quot. &c. were born day of March. other than such as are herein before excepted. . &c. shall not be owner entered and recorded as aforesaid. his or her heirs. executors. &c. this obscure proviso to. his or her freedom.&quot. therefore.&quot. of parents who were held life. &c. Negro Betsey and two others. execute and record in the proper county a deed or instrument. The introduction of the particle not. &c. and who had in the above quotation. Cato and Isaac. &c. that upon this verdict the law with the defendant. 1780. shall be vested at the passing of this act. the Provided always. unless he be a member of congress. ership or right of service of any negro. through the neglect of the owner. shall become chargeable. That any person in whom the own fifth &quot. and whose masters had omitted to register them according to the direction of the fifth section . and was not either a member of congress. who is a resident in the state.

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

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

yet fixing the same day as the period at which hereditary servitude should cease. to The importation of slaves into the state of Connecticut having been prohibited in October. New Hampshire having in her constitution. and comprised indeed in nearly the same words with that already cited from the constitution of Massa chusetts. be born within this state. which was finally ratified on the eighth day of February. the legislature agreed to incorporate first negro or mulatto child. it is believed. Connecticut appears ter states to follow the to have been the earliest At a special precedent of Pennsylvania. Hatfield. shall be held in servitude longer than until they arrive to the age of twentythis section: &quot. 1784.&quot. and their manumission and support. 625. shall be cut. slaves. 4 Mas among her sis sachusetts Reports. and in Rhode Island. extinguished and for ever abo servitude for 1 lished. was held in servitude at the notwithstanding the mother or parent of such child time of its birth. the same is hereby taken away. 1792. 443 &quot. the entire abolition of slavery in these states. the age aforesaid. as the subjoined extract will show: &quot. No person born within this shall be all state. as well as in Pennsylvania. at free. abolished slavery within her 18 . 8. has territory.No five years. and deemed or considered life a servant for life or a slave. be and said. at a period equally remote.&quot. &c. for the purpose of revising and amending her code of laws.&quot. may be now considered as virtually accomplished. 129. inserted a provi sion of similar import.Jin act relative. but such child. 1784. 1784. session held in January.137 means for ever abolished in Massachusetts. or slavery of children to be born as afore in consequence of the condition of their mothers. on or after the first day of March. A. by implication also. 1774. it was considered See Winchenden vs. that shall after the day of March. that in practice so to be. D. 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. varying a slight degree from that of Connecticut. Laws of Rhode Island.



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


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

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









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




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.





act of the state of

New York


this subject,


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


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




child born of a

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


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.

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,
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

And by


fourth day of July , 1827, BE


This au

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

at this




After several ineffectual*



rights, an act


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



States, north

west of the river


which was


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

One of these



and afterwards


by the Congress of the United



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

ritory to the federal government.


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,


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


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



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,





also in the constitution of

sion, in the latter, of the

w ords,


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




as a distinct sovereignty, has

within a few years since, never been contaminated

with slavery.




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.



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,

and the

spirit of gain


so frequently

overpowers the

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

after the 4th of July. 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. New Hampshire and Vermont. is restricted in its signification to the extinc tion of slavery. This distinction comprehends the last abolition act of New York. as also. between the condi tion of the w hite population and the children born of slaves since the 31st March. until he should twenty-eight years of age. abolition acts of Pennsylvania. . while leaves unaffected the condition of those ready in being. Such were the Island. The abolition act of Jersey conforms to the precedent New of Pennsylvania with respect to the general principle here ad verted to. New York. yet humanely diminishes the period of servitude to twenty-five years in the case of males. Rhode lition acts of the state of New Jersey. as also in the remarks which I have made upon them. should remain a servant as aforesaid until the age of twenty-one years &quot. by depriving it it of gradual abolition act operates to its A hereditary quality. and the sixth article of the. Connecticut. was declared to be free. a measure which at the communicates freedom to those previous its and time of adoption. held as slaves. the constitutional provisions of Massachu setts. is. every child born of a slave within the state. &c. and the first two abo But to. with this important supplement. is here called immediate. the act of 31st of March. and no longer. service by the overseers of the poor. and to twenty-unc in the case of females. 1799. by the acts of 1799 and of 1801. and if a female until twenty-Jive years of This section was re-enacted by age. that females as well as males may be this subject. in its usual acceptation as applied to the abolition of slavery. if a arrive to the age of that every such child born after the passing of the last act. as a servant. 1817.142 In New York. prevent the enslavement of al the unborn. 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. in the same manner as if bound to male. but might be retained by the owner of the mother.&quot. So that the only distinction which now exists York. 1817. and as it is to be understood in the acts of The term gradual assembly before quoted.

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

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

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

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

Notwithstanding the punish fit ment thus imposed for this new crime which the Christian people to create. free from the control of the master or owner of such slave or slaves. or by parole. Prince s Digest. 632. deed. 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. (unless he dispose of his chattels by sale. 456 (act of Dec. mode In Georgia. 386. presumed. 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.All and every will and testament. as will appear from the following act: or persons shall. her or their labour or skill. the attempt to set free a slave. Code. or indictment. or of en joying the profits of his. 1801). the following act was added to her code: &quot. some refractory heretic. in any other manner and form than the one prescribed herein. 1801. shall be and .147 Georgia. made and executed for the purpose of effecting or endeavouring to effect the manumission of any slave or slaves. or indirectly or virtually. must have been found within her borders. (i.) until he can induce the legisla ture to indulge him in the wish to set the captives free. that a valid emancipation can be made. to be reco vered by action of debt. after the passing of this act. and the said slave or slaves so manumitted and set free.&quot. the other half to the use of the informer. either directly conferring or attempting to confer freedom on such slave or slaves. 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. Toulmin s Digest.) set person free any slave or slaves. a slave-owner must continue a slave-owner. 5. whether by way of trust or otherwise. James* Digest.) he shall forfeit for every such offence two hundred dollars. in the nineteenth it is of the republic of Georgia have seen century. her or themselves. by any other than by an application to the legislature. Prince s Digest. it is only by authority of the legislature specially granted. by special legislative act. Alabama and Mississippi. 398 (act of 1820). If any severe penalties. or other instrument in writing. the one half to be applied to the use of the county in which the offence may have been committed.^!. contract or agree ment or stipulation. for in the year 1818. Mississippi Rev. e. is visited with &quot.

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

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

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

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

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

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

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

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

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

in which It was the interest of the small states only was consulted. 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. already. No argument this article of the constitution. states. . 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. never This states latter principle. deemed necessary. and believing as I do.157 On the contrary. I on the part of the large concede. of equal representation of the several in the Senate. can be advanced to give plausibility to It has been. the is LARGE non-slave-holding states. to have been made. the cause It has secured the re of incalculable detriment to the nation. this a compromise. in order to preserve the federative system . that for this purpose it was indispensable. it ought. known to have been the result of great as was the sacrifice theless.

A. In several. and a penalty was incurred by a violation of this (May States. directly or indirectly. and &quot. Ingersoll s Abridgment. an act of this body was passed. The ninth section of article second was accordingly incorporated in the constitution. prohibiting the traffic ply of slaves to foreign nations. Maryland. under the penalty of the forfeiture of the ship and a fine of two thousand dollars for each person concerned.&quot. prior to the year 1808. at Phila That a law might be delphia. yet. but a tax may be imposed on as any of the states now such importation. or other .&quot. 670. for the purpose of carrying on any trade or any FOREIGN COUNTRY. It is The migration or importation of such persons in these words: existing shall think proper to admit. the importation of slaves into the United States. addressed a memorial to Congress. Delaware. from building. * By the article of the constitution just quoted. New York. 1800. Pennsylvania. not exceeding ten dollars for each 5 person. requesting. any vessel within any port or place in traffic in slaves to the United states.) it was made unlawful for any citizen of the United person residing within the same. acts for the abolition of slavery had been passed. OP THE CONSTITUTION OF THE UNITED STATES. equipping. This memorial was acted upon by Congress with great promptness. and preventing foreigners from fitting out vessels for the slave trade in the ports of the United States&quot. shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight. And afterwards. or causing. and on the 22nd day of March of the same year. resident here. carried on by citizens of the United States for the sup passed. Congress was prevented from passing any law to prohibit. These states were politically interested to oppose the further importation of slaves. &c. D. Sec. which prohibited. or for any other person whatsoever. either as master. 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. had but few slaves. for himself. in the states of Connecticut. any citizen of the United States. having assembled on the first day of January. or any foreigner. 10. to hold any right or property in a vessel employed in the transportation of slaves from one foreign country to another. &quot. a majority of the states. AT the adoption of the constitution. 1794. ON THE NINTH SECTION OF ARTICLE II. factor or owner. New Jersey.158 CHAPTER II.

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

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

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

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

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

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

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

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

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

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

5 Sergeant fy Rawle s Reports. 70. besides the re-enactment the act of 1820. shall escape into this Much * See supra. under the laws thereof. Be it enacted. the subject of arresting fugitive slaves having been again brought. And Johnson s (N. in a very extraordinary manner. incapable of making a contract. that where a slave had absconded from his master living in the state of New York. in law. Glen vs. it But. where a slave had absconded from his master. from their importance. Hodges. a law was of the prohibition in passed. inasmuch as a slave is. 1820. and was afterwards confined in prison in the city of Philadelphia. contains many other regulations which. but ordered him to be de answer the charge which had been made against him.) Reports. who had the state of New traded with him under the belief that he was free. and as such had given credit to him for goods. gro see for a similar opinion 9 Holloway. 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. by the Supreme Court of York. or in either of the territories thereof. upon the charge of fornication and bastardy. 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. page 22 . &quot. Deacon. Y. the Supreme Court him to his master. was held in this latter case. that a citizen of this latter state. 62-4. on the relation of Johnson. which. 3. prohibiting them from the fur ther exercise of these powers. As. and had taken re fuge in Vermont. the legislature of Pennsylvania. otherwise called conferred upon Hall vs. could not issue civil process to prevent the master from reclaiming him. fyc. dated March 27th. And on the 25th of March. are here inserted. to mitted during his residence in Pennsylvania. That when a person held to la bour or service in any of the United States. Wright. 4-6. 1826. living in the state of Maryland. passed an act. before the legislatue. a ne vs. Case of the Commoniuealth.169 be issued master in tiie exercise of the power him by the certificate.Sect. com refused to deliver tained.

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

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

there to be detained at the ex pense of the owner. fyc. to the said judge. for a time not exceeding six months. That the said fugitive from labour or service. owe service or la bour to the person claiming him or her. as to the satisfaction of such judge. for final hearing and adjudication: if the adjournment of the hearing be requested the claimant. which shall be sufficient warrant for removing the said fugitive to the state or territory from which he or she fled: Provided. at hard labour. also he sentenced to imprisonment. and prove to the satisfaction of the said Sect. unless the said claimant. Be it enacted. 6. so arrested. . shall give security. That the oath of the owner or owners. unless security. and upon proof. That when the fugitive shall be before the judge. before the judge. on the hearing of the case. when the the said fugitive shall be brought before him by habeas corpus. in the court house of the proper county. should be absent. That on the hearing last mentioined. it shall be the duty of such judge to give a certificate thereof. be given. or taking the security as aforesaid. his agent or attorney. under the laws of the state or territory from which he or she fled. satisfactory to the judge.172 ceeding five hundred dollars. for such time as the said judge shall think reasonable and just. Sect. doth. agent or attorney. that the person so seized or arrested. to such claimant. on the day to which the hearing shall be ad journed: Provided. if the judge committing the said fugitive. or other person interested. at the chamber of the said judge. or shall for the same. his agent or attorney. and have testimo ny material to the matter in controversy that can be obtained in it shall and may be lawful. and to a day certain. That secute his claim. his or her duly authorized agent or attorney. that he or she is not prepared for trial. shall in no case be receiv ed in evidence. fyc. to commit the said fugitive to a reasonable time. sick or otherwise unable to attend. to appear and pro Provided. or both. shall be brought before a judge. such adjournment shall by not be granted. agreeably to the provisions of this acb brought and either party allege. judge. or in term time. one half to the party prosecutip-g and the other half to the commonwealth. on a day certain. Be it enacted. when aforesaid. 7. for the appearance of the satisfactory said fugitive. common jail for safe keeping.

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

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

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

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

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

until they expire by their limitation.&quot. might with propriety have been noted in reference to the punishment of white persons. I am. is a and is so expressly denominated. punishment namely. that white persons are not at all punishable for any of these offences. 25. The form in which it was found convenient to print the table inserted on the above pages. The Revised Code. &quot.&quot. prevented the following note from being added in its proper place.9 For different. 22. 21. e. shall continue and re &quot. a difficulty has been experienced. Nos. evinces nevertheless.not provided for by statute. some hesitancy. this is the assigned for a crime somewhat . according to the view which I have taken. by the legislature. deed. laws now in force in the Mississippi territory. however.&quot. misprisionor concealment of the felonies mentioned. &quot. and. I have not collection of public statutes. Feeling.punishment of white persons. that it is not in force there.gt.. oi which the reader should be apprised. but have stated in the table.a fine not exceeding 300 dollars. by Gover nor Poindexter. 26. are not offences by the common law. &quot. under the authority of an appointment for this The excellence of its execution. It ventured to speak peremptorily on this point. &quot.&quot. contains no statute which adopts the common law or any por tion of it. expir ing by their own limitation. seem to refer exclusively to statutes and not to the common law. and 27. instead of that i.&quot. not able to learn to my entire satisfaction. in many instances. whether or It not.178 NOTE TO PAGES ill U&amp. 20. or shall be altered or repealed by the legisla thereof. and not repug nant to the provisions of this constitution. in The same remark. to the opinion. under the head of &quot.parts of laws &quot. I incline. the common law or any part of it. receive 3. may at the discretion of the court. either from the code or from the constitution of the state. that. lashes. main o-ivn in force as the laws of this state. that much time and study were bestowed upon it. 23. for of fences.&quot. purpose. is all laws and parts of declared in the constitution. which and I have given. In forming this table. ture The expressions &quot. Some. is recognized there. therefore.not provided for by statute. which implies. The Revised Code of Mississippi was prepared chiefly in 182 1 and 1822.

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

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




You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->