on steamboats, punishable by fine and imprisonment for going to any free State or Territory and returning to Missouri. Ann. L. p. 82.

$563. LEGISLATION OF THE STATE OF ARKANSAS.

The Territory of Arkansas had been included in the Territory of Missouri before 1819.'

1819, Aug. 3. The first act of the governor and judges declaring the general laws of Missouri Territory to be in force. Laws of Ark. T. by Steele and McCampbell, ed. 1835, p. 70.

1825, Oct. 20. An act supplementary to the several laws concerning slaves. A short act providing for local patrols, and a tax on slaves for expenses. Act of 1827, Oct. 31, on the same subject. Ib.

1836. Constitution of the State of Arkansas.' Art. II. sec. 1. That all freemen, when they form a social compact, are equal, and have certain inherent rights, &c. 10. No freeman shall be imprisoned, &c. Art. II. 2. Restricts the suffrage to whites."

1860, with objections: among which, that in providing for judgment against such negroes, &c., on a summary proceeding before a single judicial officer, the act was in violation of the constitutional guarantee of a trial by jury before deprivation of life, liberty, and property, in the State Constitution, Art. 13, sec. 8. 9. The governor cites case of Doran and Ryan, 1 Darne's Ky. R. 331, and 9 Darne's R. 447. He objected also to another feature of the bill "as anomalous and impracticable" in its character: which was, that it gave a right to the negroes, after becoming slaves, to sell their property before possessed and dispose of the proceeds.

March 2, 1819. An act establishing a separate territorial government in the southern part of the Territory of Missouri. III. Stat. U. S. 493, 6 B. & D. 385. 1820, April 21. An act relative to the Arkansas Territory, III. Stat. U. S. 565, 6 B. & D. 485, provides that the act of June 4, 1812, modified by the act, April 29, 1816, shall be considered applicable to this Territory. Ante, p. 167.

2 Act of Congress, June 15, 1836. An act for the admission of the State of Arkansas into the Union, and to provide for the execution of the laws of the United States within the same, and for other purposes. V. Stat. U. S. 50; 9 B. & D. 378. The question was agitated at this time whether an enabling act of Congress was necessary, or whether the people of the proposed State, in the first instance, might petition with the proffer of their Constitution. See the Attorney-General's instructions, under direction of President Jackson, Sept. 21, 1835, quoted in Report on Kansas, March 29, 1860, from Comm. of the Ho. of Rep. on Territories, Grow, Chairman. In the Preamble to their Constitution the people of Arkansas declare themselves as "having the right of admission into the Union as one of the United States of America, consistent with the federal Constitution, and by virtue of the treaty of cession by France," &c. See ante, Vol I. p. 412, note.

It is provided, in Art. IV. sec.23, that the General Assembly may prohibit the introduction of slaves who have committed high crimes. By sec. 25, they shall "have power to prohibit the introduction of any slave or slaves for the

1838. Revised Statutes; which, under the appropriate heads, contain mostly re-enactments. In chap. 67, entitled Fugitives from justice, provision is also made, by sec. 15–22, for claims for fugitives from labor and service in other States. The claimant is authorized on affidavit to have warrant to arrest and bring before a judge of a court of record or a justice of the peace, who shall take proof on both sides and give a certificate to the claimant if satisfied of the claim. The claimant made liable to costs and damages to the party if he fails in proving his claim. Sec. 24. "No person shall take or remove any such fugitive from this State or do any act toward such removal unless authorized to do so pursuant to the provisions of this act. 25. Every person violating the provisions of the preceding section shall forfeit and pay for the use of the State any sum not less than one hundred dollars." (This law appears to have been copied from the law of Missouri of 1835, with the same title.) The same appears in English's Digest of 1848, c. 76, and in Digest of 1858, c. 77. Title, Fugitives from Justice.'

1843, Jan. 20. An act to prohibit the emigration and settlement of free negroes or free persons of color into this State. purpose of speculation, or as an article of trade or merchandise; to oblige the owner of any slave or slaves to treat them with humanity; and in the prosecution of slaves for crime they shall not be deprived of an impartial jury; and any slave who shall be convicted of a capital offence shall suffer the same degree of punishment as would be inflicted on a free white person, and no other; and courts of justice before whom slaves shall be tried shall assign them counsel for their defence." Art. VIII. sec. 1. "The General Assembly shall have no power to pass laws for the emancipation of slaves without the consent of the owners. They shall have no power to prevent emigrants to this from bringing with them such persons as are deemed slaves by the laws of any one of the United States. They shall have power to pass laws to permit owners of slaves to emancipate them, saving the right of creditors, and preventing them from becoming a public charge. They shall have power to prevent slaves from being brought to this State as merchandise, and also to oblige the owners of slaves to treat them with humanity.

An act, authorizing the governor to surrender fugitives from justice, had been enacted in 1838. Ann. L. p. 133.

* Pendleton v. the State (1846), 6 Ark. (1 English), 509:-This act is not in conflict with the Constitution of the United States. Free persons of color are not citizens within the meaning of the 2d sec. of Art. 4. The court say, ib. 511:-"In recurring to the past history of the Constitution, and, prior to its formation, to that of the Confederation, it will be found that nothing beyond a kind of quasi-citizenship has ever been recognized in the case of colored persons. It is a principle settled in all the States of the Union-at least where slavery is tolerated—that a colored person, though free, cannot be a witness where the parties are white persons.

eler on Slavery, p. 194.) In Kentucky, the courts have said that although

Ann. L. p. 61. Sec. 1. "That every person, except a negro, whose grandfather or grandmother shall have been negro, although all his progenitors except those descending from the negro shall have been white persons, shall be deemed a mulatto; and every person not a full negro, who shall be one fourth or more negro, shall be deemed a mulatto." The act required those already resident to prove freedom and take a certificate. Declares punishment by fine for introducing any such.' Not to apply to negroes employed on boats or to servants of travelers. An act of 1845 permits longer stay of free negroes, servants of travelers. R. S. of 1848, c. 75. An act to punish per

sons for enticing away slaves.

1849.-An. L. p. 61; 1850-51, p. 88; and 1854, p. 94, are acts amending. Rev. St. c. 153, on the apprehension and sale of runaway slaves.

1850, Nov. 22. An act to prohibit the publication, circulation, or promulgation of the abolition doctrines. Ann. L. p. 22. Sec. 1. "That if a free person by speaking or writing maintain that owners have not a right of property in their slaves, he shall be confined in jail not more than one year and fined not exceeding one hundred dollars. 2. That if any free person write, print, or cause to be written or printed any book or other writing with intent to advise or incite negroes in this State to rebel or make insurrection or inculcating resistance to the right of property of masters in their slaves, or if he shall with intent to aid the purpose of any such book or writing knowingly circulate the same, he shall be confined in the penitentiary not less than one nor more than five years." Rev. St. pp. 344, 345.

1853.-Acts to prevent sale of liquors to slaves, and by free negroes and slaves. Ann. L. pp. 71, 120.

1854.-Act repealing all laws inflicting stripes as a pun

free persons of color are not parties to the social compact, yet they are entitled to repose under its shadow.' Ely v. Thompson, 3 A. K. Marshall, 70. And again, in Amy v. Smith, 1 Little, 327, that prior to the adoption of the Constitution," &c. See ante, pp. 14, 16, where these cases are cited. And compare the doctrine of State v. Levy, 5 La. Ann. Ante, p. 164, n.

1 Charles v. The State, 6 Eng. 390; Pleasant v. The State, 8 Eng. 360:-The legislature may punish a negro capitally for an offence which is not so severely punished when committed by a white (as in case of rape).

ishment upon white persons, and declaring whites, for concerting, &c., with negroes, punishable by fine and imprisonment. Ann. L. p. 38.

1858. In the Revised Statutes of this year, the titles Criminal law, Freedom (relating to the prosecution of suits for freedom'), Free negroes and mulattoes, Slaves, Patrols, Fugitives from justice, contain a re-enactment of the earlier provisions.

1858-9, c. 20. An act to prevent persons from hiring slaves to work and perform manual labor on the Sabbath day, without the consent of the owner. c. 34. An act punish

c. 68. An act to

ing free persons, for harboring or concealing slaves, by imprisonment from one to five years. prohibit the emancipation of slaves.

c. 151. An act to

remove the free negroes and mulattoes from this State. Such persons to be warned by sheriff; not leaving, are to be hired out, "to be held as slaves are now held" for a year, and not leaving thirty days after its expiration, to be sold as a slave, after trial and verdict of a jury on the facts. Negroes between seven and twenty-one years to be seized and hired out. Such must leave thereafter. Negroes wishing to remain may choose master, &c., who must give bond not to allow such negroes to act as free. County courts to provide for the aged and infirm negroes out of the proceeds of sales of free negroes, &c., c. 195. An act to prevent employment of free negroes on steamboats navigating any of the waters of this State; declares employing such or permitting them to travel, a misdemeanor. - c. 225. Abolishing imprisonment of slaves for crimes, and substituting punishment by whipping.

$569. LEGISLATION OF THE STATE OF IOWA.

The territory included in the State of Iowa may be considered part of that Louisiana or Canada in which the colonial law of France had had a territorial extent. As part of that Louisiana purchase it appears to have been within the District

1 See Jackson v. Bob, 18 Ark. 399; Daniel v. Guy, et al., 19 Ark. 121.

of Louisiana in 1804,' and within the Territory of Missouri in 1812. As such it was within the terms of the act of Congress of March 6, 1820,' by the 8th section of which it was enacted, "that in all the territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated in this Act [Missouri], slavery and involuntary servitude otherwise than in the punishment of crimes whereof the parties shall have been duly convicted shall be and is hereby forever prohibited. Provided, always, that any person escaping into the same from whom labor or service is claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor as aforesaid."

On the admission of Missouri the remaining territory appears to have been under no local legislative authority until, by act of June 28, 1834, the portion north and east of the Missouri and White Earth Rivers was made part of the Michigan Territory, and by act of April 30, 1836,' of Wisconsin Territory, until 1838, when the territorial government of Iowa, including all of Wisconsin Territory west of the Mississippi, was established by act of Congress, June 12, 1838. The 12th section of this act declared that "the inhabitants of the said Territory shall be entitled to all the rights, privileges, and immunities heretofore granted and secured to the Territory of Wisconsin and its inhabitants, and the existing laws of Wisconsin shall be extended over said Territory so far as the same be not incompatible with the provisions of this act," subject to alteration by the local legislative authority. Independently of the act of 1820 expressly prohibiting slavery, it would ap* Ante,. p. 167.

1 Ante, p. 155.

Ante, p. 168. As the questions of admitting Missouri, or any other State formed in the Louisiana purchase, as a slave State, had long been the subject of political controversy, the enactment of this statute became popularly designated the Missouri Compromise, of which the prohibition of slavery was repealed by sec. 14, 32, of the act of May 30, 1854 (ante, vol. I. p. 563), and declared unconstitutional in Dred Scott's case. See ante, vol. I. p. 528.

Ante. p. 139, n. 1.

Ante, p. 141, n.

An act to divide the Territory of Wisconsin and to establish the territorial government of Iowa. V. Stat. U. S. 235; 9 B. & D. 770. Sec. 4. Vests the legislative power in the governor and assembly. 5. Limits the franchise to whites.