1826, Jan. 2. An act against trading with slaves. Code, § 3285. Jan. 14. Circuit judges authorized to hold court at their discretion for trial of slaves. Another act, Jan 7, 1832, for more speedy trial of slaves and free persons of color. See Code, § 3319., Dec. 20. Slaves and free persons of color for manslaughter on the body of another such, to be punished by whipping and branding. Ib. § 3314.

1827, Jan. 13. An act to prohibit the importation of slaves for sale or hire. Citizens of the State may purchase for their own use. This act is repealed by act of Jan. 22, 1829. An. L. p. 63.

1831, Jan. 31. Slaves or free persons of color, for attempt to commit rape, to suffer death. Code, § 3307.

1832, Jan. 16. An act to prevent the introduction of slaves into Alabama, and for other purposes. An. L. p. 12. Sections 1-8, 20, 21, relating to importation, are repealed by act of Dec. 4, of the same year. Ann. L. p. 5. Sec. 9. That it shall not be lawful for any free person of color to settle within the limits of this State; such, attempting settlement, declared punishable by whipping, and on further stay may be sold for life (changed in Code, § 1033, to imprisonment). 10. Prohibits, under fine, the attempt to teach any slave or free person of color to spell, read, or write. 10-24. Penalties for negroes writing passes; free blacks forbidden to associate or trade with slaves; more than five male slaves make an unlawful assembly; slaves may attend worship conducted by whites; slaves or free negroes may not preach, &c., to slaves, &c., unless before five respectable slaveholders, and the negroes so preaching, &c., to be licensed by some neighboring religious society. Clay's Al. D. p. 398. Code, §§ 1035, 1036, 1044. Code, § 1037, reads, "The preceding sections of this article do not apply to or affect any free person of color who, by the treaty between the United States and Spain, became a citizen of the United States, or the descendants of such."

1834, Jan. 17. County courts may authorize owners for meritorious causes to emancipate, provided that the emancipated shall remove out of the State, "never more to return," &c. Code, 83 2044 2048.

1835, Jan. 7. Against selling poisons to slaves, Code, § 3278. Jan. 9. In a penal law, "slaves shall be competent witnesses where free persons of color are charged," &c. Comp. Code, & 2276.

1839, Jan. 10. An act making persons, not being patrol or owner or agent, &c., who may assault slaves, "without just cause," liable to punishment as in assault on whites. Modified in Code, § 3300. -, Feb. 2. An act the more effectually to prevent free negroes and persons of color from entering into and remaining in this State. Sec. 6, 7. Repealed by act of 1840, No. 26, and further amended by act of 1841, No. 9, as to the city of Mobile, making it the duty of masters of vessels to report and of the Mayor to arrest free negroes. The other provisions appear to be included in penal Code of 1841, c. 15, § 21. On slaves, &c., Clay's D. p. 473, and see Code, Title Free colored mariners, providing for the imprisonment of such mariners and for punishment of captains neglecting to carry them away, by fine and imprisonment; bonds required. Code, §§ 1033, 1045-1051.

1843-4.-No. 38. Declares enticing away slave either for use or "to enable such slave to reach some other State or country where such slave may enjoy freedom," punishable by imprisonment for not less than ten years. Code, § 3128.

&c.

1844-5.-No. 222. Against trading with slaves at boats,

1849-50.-Nos. 14, 17. To suppress trading with slaves. No. 15. Against slaves selling spirituous liquors. Code, §§ 3281-3283. No. 18. Slaves, except for capital offences, may be bailed. Ib. § 3332. No. 19. For greater accuracy in commitment of absconding slaves. Ib. § 1023-1032.

1851-2.-Nos. 74, 75. Forbid sale of liquors to, and authorizing appointment of guardians for free persons of color. No. 414. Declares certain persons "citizens of this State as fully as they would be if they were not of Indian descent."

1852, Feb. 2. A Code containing the earlier provisions and resembling in substance the Codes of the older States. Sec. 9042:-"The state or condition of negro or African slavery is

blished by law in this State, conferring on the master prop

erty in and the right to the time, labor, and services of the slave and to enforce obedience on the part of the slave to all his lawful commands. This authority he may delegate to another." 2043. “The master must treat his slave with humanity and must not inflict upon him any cruel punishment; he must provide him with a sufficiency of healthy food and necessary clothing; cause him to be properly attended in sickness and provide for his necessary wants in old age." 2052. Bond for costs required, on the part of the slave claiming freedom. 2056. Children under ten years of age not to be sold, under execution, without the mother nor the mother without the children, unless one of the parties in interest makes affidavit that his interest will thereby be materially prejudiced.'

1853-4.-No. 36. On practice, where slaves are witnesses. No. 52. On appointment and duties of guardians of free negroes.

1856.-An act requiring the residence of owner or overseer on plantation of more than six hands.

1858.-Laws on trafficing and gaming with slaves. An. L. pp. 35, 285, 291.'

1 Barlow v. Lambert, 28 Ala. R. N. S. 704; S. C. 5 Am. Law Reg. ::-on hiring of slaves, and what is loss of slave's time if he dies, is of interest in view of the question-whether slavery rests on custom or legislation.

* A provision in this Code, §§ 3824-3837, directs the governor to surrender fugitives from justice on demand from other States. Toulmin's Dig. p. 226, gives a territorial law of 1814, giving similar power.

Jan. 11, 1861. A State Convention passes an Ordinance to dissolve the Union between the State of Alabama and other States united under the compact and style of the United States of America.

CHAPTER XIX.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED. LEGISLATION IN THE STATES AND TERRITORIES FORMED IN LANDS ACQUIRED BY TREATY OR CONQUEST; THE STATES LOUISIANA, MISSOURI, ARKANSAS, IOWA AND MINNESOTA; THE TERRITORIES NEBRASKA AND KANSAS, AND THE INDIAN TERRITORY; THE STATES FLORIDA, TEXAS, CALIFORNIA AND OREGON; AND THE TERRITORIES WASHINGTON, UTAH

AND NEW MEXICO.

$566. LEGISLATION OF THE STATE OF LOUISIANA.

The territory on either side of the Mississippi River between the lands claimed by Spain and Great Britain on the east and by Spain on the west, to which the name Louisiana was given, in 1682, by La Salle, was held by France until 1762, when it was ceded to Spain. Possession under the treaty was not taken until 1769. The private law continued to be for the greater part such as had been established by the French.' The

'See McLean, J., in Parsons v. Bedford, 3 Peters, 450. Crozat's charter, Sep. 14, 1712, provided, "Our edicts, ordinances and customs, and the usages and customs of the mayoralty and shrievealty of Paris shall be observed for laws and .customs in the said country of Louisiana." 1 B. & D. 440. In 1769, 1770, by proclamation of O'Reilly, the Spanish governor, the law of public administration, including courts of civil and criminal jurisdiction, was exchanged for a system conformed to that of other Spanish dependencies. The law of crimes and punishments and of testaments was likewise changed at this time. See Proclamations in 1 Am. State Papers Misc. 362.

same territory was retroceded to France, Oct. 1st, 1800, by the secret treaty of St. Ildefonso, and on the 30th April, 1803, ceded by France to the United States.'

In the colonial dependencies of both France and Spain the slavery of Indians' and negroes had been legalized by the same principles of jurisprudence which had introduced it into the English colonies.'

The third article of this treaty provided that "the inhabitants of the ceded territory shall be incorporated into the Union of the United States and admitted as soon as possible, according to the principles of the federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess." VIII. U. S. St. 200; 1 B. & D. 135.'

1804, Mar. 26. The act of Congress,-An act erecting Louisiana into two Territories and providing for the temporary government thereof. II. U. S. Stat. 283. Sec. 3. Secures

Under this cession the United States claimed all south of the 31st deg. of N. Lat. and east of the Mississippi to the boundary of Spanish Florida. The western boundary of Louisiana was never settled in any of the treaties, there being nothing to determine it except the grant to Crozat of "all the country drained by the waters emptying directly or indirectly into the Mississippi." See the extracts given in 1 B. & D. pp. 435, 437. In the treaty of 1819, by which Florida was ceded, the boundary between Spanish Mexico and the United States was determined to be--The Sabine to 32° N. L.; thence northerly on a meridian to the Red River, and along the course of that river to 100° E. Long, from Greenwich; thence north on that meridian to the Arkansas, then following that river to its head and 42° N. L., and along that line to the Pacific.

Marguerite v. Chouteau, 2 Missouri, 70:-Indians taken in war, before O'Reilly's proclamation, in 1769, and the descendants of such Indian women, could be held as slaves.

A

Ante, vol. I. p. 212, Chouteau v. Pierre, 9 Missouri, 1:-His charter allowed Crozat" the faculty to send annually a vessel to Guinea for negroes whom he may sell in Louisiana, to the exclusion of all others." 1 Martin's Louisiana, 180. like monopoly was given to Law's Mississippi Company. The edict or Code Noir of Louis XIV. recognized but did not first legalize slavery; as is sometimes said, as in 2 Gilman, 1. This Code dated from 1724. It is remarkable for recognizing the marriage state among slaves. Art. 6-10. See 1 Gayarré Hist. of La., 362, and App. Also in 2 ib. App. The governor's police regulations which are severe beyond the Code. Carondelet, Spanish governor in 1792, 1795, issued some new regulations, 3 Gay. 313; 1 Am. State Papers Misc. 380. A Royal Order, in 1793, specially sanctioned importation. Ib. 390.

This would have been the effect of international jurisprudence without this provision. Delassus v. the United States, 9 Peters, 133; Strother v. Lucas, 12 ib. 436.

1803, Oct. 31. An act enabling the President to take possession and for the