in a state of slavery, whether married or not, follow the condition of their mother." 184-192. On the conditions on which manumission may take place. 193. "The slave who has ac-/ quired the right to be free at a future time, may receive property by gift." 194. Such cannot be taken out of the State, and may appear in court to claim protection. (196. The child of a statu libera becomes free at the time fixed for the mother's freedom, even if the mother dies before that time.'

1828, c. 11.—An act to repeal the act to prohibit the introduction of slaves for sale into this State. No particular statute is designated. The only acts of this description then existing seem to have been those prohibiting the introduction of slaves who had committed crimes. See law of 1810. That such are referred to, appears from the act of 1829, c. 24,-An act relative to the introduction of slaves and for other purposes, containing various precautions in reference to the introduction of such slaves. Sec. 15, 16, forbid the introduction of children, under ten years, without their mothers. Repealed by act of 1831, c. 30.

1830.-An act to prevent free persons of color from entering into this State, and for other purposes. Laws, p. 90, sec. 1. Free negroes and mulattoes arrived since Jan., 1825, to depart within sixty days. 2. One year's imprisonment for non-compliance, and for life at hard labor for the second offence. 5. Negro and mulatto seamen remaining longer than thirty days subjected to like penalty. An act to punish, &c. "That whosoever shall write, print, publish, or distribute anything having a tendency to produce discontent among the free colored population of the State or insubordination among the slaves therein," shall be punished by imprisonment at hard labor for

It had been so held in Catin v. D'Orgenoy (1820), 8 Martin, 218. But, since 1857, it seems even the children of those who, before the act of that year forbidding emancipation, were statu libera, are slaves for life. Pauline v. Hubert, 14 La. An. 161. “The child of a statu libera, who, by Art. 196 of the code, is to become free at the time fixed for the enfranchisement of the mother, requires the consent of the public authorities to her emancipation, and since the act of 1857 the emancipation cannot be effected." See, also, Marshall v. Watrigant, 13 La. An. 619, where the question arose of the effect of the law of another State from which the statu libera had been removed. The court was not unanimous in either of these two cases.

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life, or suffer death. 2. "Whosoever shall make use of language in any public discourse, from the bar, the bench, the stage, the pulpit, or in any place whatsoever; or whosoever shall make use of language in private discourses or conversations, or shall make use of signs or actions" tending, &c., as above, shall be punished in like manner (R. S., §§ 27-30). 3. "That all persons who shall teach, or permit or cause to be taught, any slave in this State to read or write," shall be imprisoned not less than one nor more than twelve months. 6,7. For compelling free colored persons to leave the State (act of 1831, c. 46, excepts those of orderly lives who have not entered the State in violation of law). 8. Penalty for introducing free person as a slave. 9. Punishment of any white person who shall publish or use language "with the intent to disturb the peace or security of the same, in relation to the slaves of the people of this State, or diminish that respect which is commanded to free people of color by, &c., or destroy that line of distinction which the law has established between the several classes of this community." 10. Owners emancipating slaves must give security for their leaving the State. (An exception by act of 1831, c. 46, sec. 2, when the emancipation is for "long, faithful, or important services," "with consent of the police jury of the parish.")

1831-2, c. 1.-An act relative to the introduction of slaves, amended by an act of the same session, and one in 1833, containing numerous minor provisions and exceptions connected with the leading purpose that slaves shall not be introduced except by persons immigrating to reside, and citizens who may become owners, "provided that the slaves were not purchased in the States of Mississippi or Alabama, or in the Territory of Arkansas, or in Florida," provide for the enfranchisement of slaves introduced contrary to this, but to be sent out of the State. These acts repealed by act of 1834, Jan. 2, Annual Laws, p. 6.

1839, c. 45.-An act to prevent the carrying away of slaves, and for other purposes. Requires a bond of persons engaged in the business of shipping seamen, for the value of slaves who may be unlawfully shipped. (Amending is, an act

of 1843, c. 58.) 4. The owner and the master, as well as the vessel, made "liable to the owner of any slave so taken out of the State, for the value of the slave."

1.

1840, c. 80.-An act to amend the several acts passed for the purpose of preventing slaves from being transported or conducted out of the State against the will of their owners. Declares the presumption of law against the master, of intention to transport, if the slaves are found on board. 2, 4. Imposes a fine, besides liability for value, on the owners and masters. 3. Gives the slave-owner "a tacit privilege on the ship."

1841-2, c. 123.-An act more effectually to prevent free persons of color from entering this State, and for other purposes. Sec. 1. Forbids free negroes, &c., coming on board any vessel either as passengers or as employees. If such come they are to be imprisoned until the ship leaves-the ship paying expenses. 2. Security is to be given by the master; otherwise, the owners made liable to penalty of 1,000 dollars. 3. If not carried away by the vessel, they are to be transported from the State by the sheriff. 4. Penalty by imprisonment for returning. 5. Duty of harbor-masters, &c. 6. Penalty for introducing such persons, by fine; and imprisonment for the second offence. 7. Penalty for harboring such persons (R. S., § 99-103). This is not to prevent free persons of color, natives of the State, or resident since 1825, from leaving or returning, "provided they shall not have established, their domicil in a free State of the Union" (R. S., § 98) 9. No inhabitant shall carry his slave into a State or country where slavery is not tolerated. 10. "That nothing herein contained shall be so construed as to deprive an inhabitant of this State of his right of property in a slave who, contrary to the consent and will of his master, shall have gone out of the limits of the State into any State or Territory of the Union, or in any foreign country where slavery does not exist; and that said owner, in case he shall recover the possession of his slave, shall be entitled to his full property, and that said slave shall never be admitted to claim his freedom as resulting from the fact of his having set his foot upon the soil of any State, Territory, or foreign country where slavery is not acknowledged, all laws to

the contrary notwithstanding; and that the owner of any such slave shall be subject to none of the penalties or dispositions contemplated in this act," &c. (R. S., § 81.) 11. Masters of vessels arriving must report to the mayor the free negroes on board. 12, 13. Make it unlawful "to bring into this State any slave entitled to freedom at a future period, or a statu liber," or to purchase such. 14. All "statu liberi," when they become free, shall be transported. (R. S., $$ 95, 96.)

1843, c. 73, amending, permits free blacks, who have resided since 1838, to remain, on giving evidence of good character, with bonds to obey the laws, and being registered.'

1846, c. 137.-Relative to trial of slaves. Amend. by 1847, c. 260. Establishing tribunals composed of two justices and ten slave-owners for the trial of slaves accused of capital crimes, and the proceedings.

1846, c. 189.—An act to protect the rights of slaveholders in the State of Louisiana," enacts that from the passage of this act no slave shall be entitled to his or her freedom under the pretence that he or she has been, with or without the consent of his or her owner, in a country where slavery does not exist," or in any of the States where slavery is prohibited." (R. S., $81.)

1848, c. 287, and extra Ses., c. 95.-Amending police regulations also of 1852, c. 27, against gambling with slaves, and c. 326, on trading with slaves.

The State v. Levy (1850), 5 La. Ann. 64:-That free negroes are under no incompetency as witnesses. Per curiam :—“ Our legislation and jurisprudence upon this subject differ materially from those of the slave States generally, in which the rule contended for prevails. This difference of public policy has no doubt risen from the different condition of that class of persons in this State. At the date of our earliest legislation as a Territory, as well as at the present day, free persons of color constituted a numerous class. In some districts they are respectable from their intelligence, industry, and habits of good order. Many of them are enlightened by education, and the instances are by no means rare in which they are large property-holders. So far from being in that degraded state which renders them unworthy of belief, they are such persons as courts and juries would not hesitate to believe under oath. Moreover, this numerous class is entitled to the protection of our laws; but that protection would in many instances be illusory, and the gravest offences against their persons and property might be committed with impunity, by white persons, if the rule of exclusion contended for were recognized," &c.

In Liza v. Puissant (1852), 7 La. Ann. 80, the same is maintained, as a doc/trine of international private law, in cases where there was no intention of the owner to acquire a domicil. The earlier cases are there referred to as leaving the question subject to a doubt which was removed by the statute.

1852, c. 315.-Concerning the emancipation of slaves in this State. Permits emancipation only on condition that they be sent out of the United States.

1854, c. 215.-A new act for compensation in certain cases for slaves sentenced to death or imprisonment.

1855, c. 308.—An act relative to slaves and free colored persons, contains one hundred sections, digested from the existing statutes, repeals all conflicting laws "and all laws on the same subject matter, except what is contained in the civil code or code of practice. Sec. 29. On using language calculated to produce discontent and insubordination, includes the offence of "being knowingly instrumental in bringing into this State any paper, pamphlet or book having such tendency."

1856. In the Revised Statutes, under the title Black Code, the law is given under the heads: Crimes and offences committed by slaves and free colored persons; SS 1-17. Offences against slaves, Indians, and free persons of color; §§ 18 -38. Trial, punishment, and compensating for slaves executed; $ 39-60. Trial of slaves accused of capital crimes in New Orleans; 61-66. Rights, duties, &c., of owners of slaves; $3 67-76. Emancipation of slaves; § 77-81. Runaway slaves; 82-93. Free persons of color and statu liberi; 94-105. These provisions, in their phraseology and general scope, appear to resemble the newer codes of the other slaveholding States. Whether the existing law of that State, in respect to slaves, is materially different from the earlier law, it would, however, be difficult to say.

1857, c. 69. Declares that thereafter no slave shall be

'Landry v. Klopman, 13 La. Ann., 345, where a runaway slave from Louisiana had been arrested in Mississippi, and there sold after advertisement, according to the laws of that State, held that the title was divested thereby, and that such legislation of the State of Mississippi was not in conflict with any right of the Louisiana owner, under the Constitution of the United States and law of Congress relating to fugitive slaves, being within the police power of the State. The court rely on Story's opinion in Prigg's case.

2 In R. S., pp. 171, 172, are found the provision of the Constitution of the United States for the delivery of fugitives from justice on demand, with the act of Congress of 1793, and the Governor is authorized, at his discretion, to deliver up persons demanded,