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wealth. Relates to inspection of vessels leaving the State, &c. -, c. 48. Amends chapter 192 of the Code, increasing the penalties for the abduction of slaves, &c. c. 49. Amends chapter 105, by increasing rewards for the arrest of runaway slaves, including those in other States., c. 50. An act to prohibit citizens of Virginia from hiring their slaves in the District of Columbia. c. 51. An act to prevent the sale of poisonous drugs to free negroes and slaves.
1858, c. 29. An act providing for the employment of negro convicts on the public works. c. 47. Amending Code, c. 103, § 4, (see laws 1832, c. 22, § 3,) to read, "No free negro shall be capable of acquiring, except by descent, any slave.” c. 62, and 1859, c. 36. Amending Code, in dealing with slaves.
1859-60, c. 54. An act authorizing the sale of free negroes intó "absolute slavery" who are sentenced for offences "punishable by confinement in the penitentiary.""
LEGISLATION OF THE STATE OF KENTUCKY.'
1792, April 19. Constitution adopted by Convention. In Art. 3, no distinction is made between "free male citizens" in respect to the elective franchise. Art. 12. A declaration of rights contains no attribution of liberty as inherent, natural, or inalienable.' Sec. 1 declares "all men when they form a social compact are equal."
1 Baily et al. v. Poindexter, 14 Grattan, 132: that slaves cannot elect to be free under a will declaring that they may elect between being emancipated or sold at public auction, because slaves have no legal capacity to choose. This case, decided January, 1858, may be referred to as a leading case on the status of slaves at the present time. Adams v. Gilliam (1855), 1 Patton and Heath, 161, that a will giving the choice to a slave to live with either of two persons mentioned, as he may from time to time prefer, is void. The law recognizes no condition between slavery and freedom.
1789, Dec., c. 18. An act of Virginia for the erection of the District of Kentucky into an independent State vests the elective franchise in the adult "free male inhabitants." 13 Hen. c. 14; 1 B. & D. 673. An act declaring the consent of Congress that a new State be formed within the jurisdiction of the Commonwealth of Virginia and be admitted into this Union by the name of the State of Kentucky, passed Feb. 4, 1791, recited the act of Virginia, and that "Whereas the people of the said District of Kentucky have petitioned Congress to assent," &c. 1 U. S. St. at L. 189; 2 B. & D. 191. No constitution for the State had as yet been framed. A convention in July, 1790, had voted unanimously in favor of a separation from Virginia; had fixed June 1, 1792, as the time; and had authorized the meeting of a convention to frame a State constitution. 1 Hildr. 2d Ser., 268. 'By Art. IX the legislature is declared to have "no power to pass laws for the
1792.-An act to prohibit dealing with slaves. 1 Little's Dig., c. 44.
1794.-An act concerning the importation and emancipation of slaves. 1 Litt. c. 161. This is founded on Art. 9 of the Constitution. See 1 Litt. pp. 241-247, where also the earlier statutes of Virginia are given, as showing the former law of Kentucky, viz.: 1753, c. 2; 1778, c. 1; 1782, c. 21; 1785, c. 77, c. 78; 1786, c. 58; 1787, c. 37; 1788, c. 54; 1789, c. 45; 1790, c. 2.
1798.—An act reducing into one the several acts concerning servants, 2 Litt. c. 3, is like the laws of the older States.
1798. An act reducing into one the several acts for apprehending and securing runaways. 2 Litt. c. 2. This is an act collected from the existing Virginia laws.
1793. An act to reduce into one the several acts respecting slaves, free negroes, mulattoes and Indians. 2 Litt. c. 63, sec. 1. That none shall be slaves, except such as were slaves Oct. 15, 1785, and their descendants. 11. That if any negro, or mulatto, or Indian, bond or free, shall at any time lift his or her hand in opposition to any person not being a negro, &c., declared punishable, before a justice of the peace, with thirty lashes.' 23. Repeals all laws heretofore in force respecting the importation of slaves. 25. Is against the importation of slaves brought into
emancipation of slaves without consent of the owners or without first paying a full equivalent in money," nor "to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State; that they shall pass laws to permit the owners of slaves to emancipate them" with the usual restrictions; "they shall have full power to prevent slaves being brought into this State as merchandise;" and "to prevent any slave being brought into this State from a foreign country," or those who may have been since Jan. 1, 1789, or thereafter, imported into the United States." They are also empowered to pass laws to oblige the owners" to treat them with humanity, to provide them with necessary clothing and provisions, to abstain from all injuries to them extending to life or limb," and in case of neglect, &c., to have them "sold for the benefit of their owners."
Ely v. Thompson (1820), 3 A. K. Marshall 73, this law, if not repealed by a later act on riots, &c., "as it subjects the free persons of color to punishment on the oath of the party, without trial, and without the possibility of contradicting and disproving his statements, is against both the letter and spirit of the State Constitution." The court says: But we are still met by the argument that free persons of color are not parties to the political compact. This we cannot admit to the extent contended for. They are certainly, some measure, parties. Although they have not every benefit or privilege which the Constitution secures, yet they have many secured by it. We need not take the trouble of inquiring how far they are or are not parties." The court also argues that aliens, though not parties any more, are yet protected by the Bill of Rights.
the United States from foreign countries. 26. That "no slave shall be imported into this State as merchandise," under penalty; but this is not to extend to immigrants who do not act in violation of sec. 25. By sec. 28, slaves shall be deemed real estate; but, by sec. 29, may be taken in execution.' This act contains a digest of the pre-existing law, and has, with amendments, continued to be the main act. Amending, as to disposal of slaves by will, are acts of 1800, c. 270, c. 282. An act of 1802, 3 Litt. c. 16, that slaves shall not be permitted to hire themselves out.
1798.-An act respecting the trial of slaves, 2 Litt. c. 144, provides for a jury before a court of three justices. An act of 1802-3 establishing circuit courts, constitutes five justices of the county court, with a jury, a court of oyer and terminer for the trial of slaves for capital crimes. See also 2 Litt. 308; 3 Litt. 399.
1799. A new Constitution. The Bill of Rights declares all freemen equal when they form a social compact. Art. 2, sec. 8, limits the elective franchise to whites. Art. 8, sec. 1, excepts negroes, mulattoes, and Indians from militia service." 1801.-An act that "slaves brought into this State for
1 Baltzell v. Hall, 1 Littell's R. 99. "Slaves, by nature, are chattels, notwithstanding all statutory provisions declaring them real estate." And see Carroll v. Connett, 2 J. J. Marshall, Ky. R. 201.
Art. X. sec. 1, corresponds with Art. IX. of the former. Sec. 2 provides that, The General Assembly shall pass laws providing that any free negro or mulatto hereafter immigrating to, and any slave hereafter emancipated in and refusing to leave this State, or having left shall return and settle within this State, shall be deemed guilty of felony, and punished by confinement in the penitentiary therefor." (See act of 1807-8, sec. 3.) "In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law, except that the General Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury." (See Jarman v. Patterson, 7 Munroe, 645.)
An act of 1803 respecting fugitives from justice, 3 Litt. 89; sec. 1, empowers the Governor to deliver up the person claimed when his identity has been determined by a justice. Supplemental is 3 Litt. 303. A new act in 1815, 5 Litt. c. 207, which devolves on the circuit judges the determination of the identity of the person demanded. An act of 1820, Sess. L. p. 856, is directed to the case of a demand from another State for a person who, on claim of ownership, should have removed from such State another as his slave alleged to have escaped from him. The act provides for a decision by a circuit judge, whether the person so removed by the person claimed as a fugitive from justice was the slave of the latter, and on that decision the person claimed by the other State is to be delivered up or discharged. M. & B. 745. See State of Ohio v. Forbes and Armitage, in 3 Western Law Journal (July, 1846), p. 370. An act of 1840, Sess. L. p. 114, authorizes the arrest, before demand made, of persons charged with crimes committed in other States. See 1 R. S. of 1860, 557, 8.
merchandise, or which shall be passing through this State, by land or water," if executed therein for felony, are not to be paid for. 2 Litt. c. 344.
1808, c. 13. An act limiting actions in certain cases, 2 Dig. 764. Reciting evils from dormant claims to freedom, founded on the effect of certain acts of Pennsylvania and Virginia on slaves formerly within their jurisdiction.', c. 17, Sess. L. An act to prevent the future migration of free negroes and mulattoes into this State. 3 Litt. 501. Prohibits the same and provides for the sale, for one year at a time, of such as may violate the provisions for their departure.
1810. An act for the more effectual preventing of crimes, conspiracies, and insurrections of slaves, free negroes and mulattoes, and for their better government. 4 Litt. c. 235. Penalty of death declared for conspiracy to rebel, for poisoning, for rape on a white. (R. S. p. 638.) Trustees of towns, as well as justices, are empowered to punish slaves for misbehavior.
1814.-Amending the law as to importation and emancipation. 5 Litt. p. 293. Prohibits the importation of slaves except by persons intending to settle. See additional acts in 1818, Sess. L. p. 638; 1833, Sess. L. p. 258; M. & B. 1482; 1841, 1846, Sess. L. p. 70; 1849, Sess. L. p. 21; R. S. 629
1815.-An act giving owners a right of action against persons abusing their slaves, 5 Litt. c. 268. R. S. 634.
1822. An act directing the legal forms to be followed in
1 Amy v. The State (1822), 1 Litt. 326:-this act held not to violate either the State constitution or of that of the United States. The question principally considered was, who are citizens in view of the 4th art. of the Constitution of the United States. The majority of the court holding that blacks cannot be citizens; that plaintiff could not have been such in another State, "unless she belonged to a class of society upon which, by the institutions of the States, was conferred a right to enjoy all the privileges and immunities appertaining to the State;" that, from the general course of legislation and customary law in the several States, there is a presumption against any such being a citizen in any State. But it would seem that evidence might be given to show that it was so. Ib. 334. Mills J., dissenting, held the plaintiff a citizen, if emancipated in Pennsylvania before the adoption of the Const. of the United States, but waived "the question whether any slave emancipated in any manner since the adoption of the federal constitution can become a citizen because born here; and whether any State can provide for the emancipation of these creatures so as to make them citizens while Congress holds the power of naturalization." Ib. 343. Comp. Taney, Ch. J., 19 How. 418.
emancipation, Sess. L., p. 260. An act of 1823, Sess. L. c. 563, directs the county court, on the emancipation of slaves, to issue a certificate thereof. Acts of 1841, c. 92, 1842, c. 91, require bond against becoming chargeable, &c., to be taken thereafter, in cases of emancipation.'
1823. An act to prevent the removal of persons of color who may be bound to service. 2 Morehead and Brown, 1293. An act of 1825, Sess. L. p. 137, provides for binding out poor free children of color. Sec. 4 of the same, that any negro not claimed as a slave may get free papers." An act to prevent masters of vessels and others from employing or removing persons of color from this State. Assembly acts, c. 675. Additional is act of 1827, Sess. L. p. 178. An act of 1831, Sess. L. 54, enacts that ferrymen on the Ohio river shall not set slaves over from this State.
1830.-An act amending the slave code. 2 Mor. and Br. 1302, 1480, declares penalties for enticing away slaves,' for concealing or assisting them in escaping, directs that slaves, if inhumanly treated, shall be taken from their masters and sold to others. An act of 1840, Sess. L. 123, that free negroes, &c., concealing slaves, shall be punished by whipping.
1834. An act that free persons of color convicted of vagrancy or keeping disorderly houses may be hired out for three months. 2 M. and B. 1221.
1835.-An act to secure the reward of persons apprehending fugitives, Sess. L. 436. Another of 1838, increases the reward in such case, Sess. L. 158. An act to prevent dower slaves being removed from the State, Sess. L. 361. 1838.—An act prohibiting slaves from traveling, Sess. L.
1 Ned v. Beal, 2 Bibb. 298, issue of a woman who is by a will to be free, at a future time, born before that time are slaves. But the rule may depend on the question whether the condition of such woman is still that of chattel slave or of a legal person owing service. In the Roman law such persons (statu liberi, Dig. Lxl t. 8, § 1) were still res, to whom the law of increase applied (Vol. I. p. 211, n.), but where bondage of a legal person has supervened, the doctrine may not apply. See Ruffin, J. in Mayho v. Sears, 3 Ired. 226; 1 Cobb on Slavery, 77, 78, and cases, and post, Del. law of 1810, and cases.
* Gentry ». McMinnis, 3 Dana, 382, all of not less than one-fourth negro blood presumed slaves.
See in 2 West. L. Journ. 233, case of Delia Webster, in 1844. 'As to liability of stage proprietors, Johnson &c., v. Bryan, 1 B. Mun. 292. VOL. II-2