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1840. An act regulating proceedings in suits for freedom, Sess. L. 172.

1842.-An act requiring jailors to arrested as runaway slaves, Sess. L. p. 76. subject in 1851, Sess. L. 7.

1846.-An act that the enticing slaves to run away or inciting to rebellion shall be punished by imprisonment in the penitentiary, Sess. L. p. 21.. An act that free negroes shall not manufacture or sell liquor, Sess. L. 54, R. S. of 1852, p. 643. Laws of 1856, Sess. L. 42, on sale of liquors, regulating slaves and free negroes.

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1850.—An act making it a penal offence for any other than the owner to give a pass to a slave, Sess. L. p. 48; R. S. 634. A new Constitution. Art. II. sec. 8 limits elective franchise to whites. Art. XII. a bill of rights. Sec. 1. Declares the equality of "all freemen when they form a social compact." 2. Declares" that absolute arbitrary power over the lives, liberty, and property of freemen exists nowhere in a republic-not even in the largest majority." 3. Declares "the right of property is before and higher than any constitutional sanction; and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever." 4. "That all power is inherent in the people," &c., " that they have an inalienable right to alter, reform or abolish their government in such manner as they may think proper." In other sections rights are attributed to all persons," and in others to all "citizens."

advertise negroes Another act on the

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1852.-Revised Statutes, c. 7. Boats, &c. Sec. 3. Liability as to escaped slaves.' Ch. 93, Tit. Slaves, runaways, free negroes, and emancipation, contains the substance of the above laws. Art. 11 is an enactment against immigration of free negroes, in accordance with the constitutional direction, punishing such immigrating negroes by imprisonment on their remaining. Art. 1 declares "no persons shall be slaves in this State, except such as are now slaves by the laws of

1 Art. X. corresponds with Art X. of the preceding constitution.

2 Bracken v. Steamboat Gulnare, 16 B. Munroe, 453.

3 Cases on emancipation, in view of going to a free State,-Anderson v. Crawford, 15 B. Munroe, 339; Noon's v. Patton's Adm., ib. 583; Smith v. Adam, 18 ib. 688.

this commonwealth, or some other State or Territory of the United States, or such free negroes as may hereafter be sold into slavery under the laws of this State, and the future descendants of such female slaves. 2. Every person who has one-fourth, or other larger part, of negro blood, shall be deemed a mulatto, and the word negro, when used in any statute, shall be construed to mean mulatto as well as negro." 3. Slaves, after this chapter takes effect, shall be deemed and held personal estate, &c. Amending are 1854, Sess. L. 163; 1856, Sess. L. p. 73; 1857-8, p. 5; and see R. S. of 1860.

§ 543. LEGISLATION OF THE STATE OF MARYLAND.

1776, Nov. 3. A Declaration of Rights. Art 3. "That the inhabitants of Maryland are entitled to the common law of England, &c., &c. In Art. 5, it is said, "Every man having property in, a common interest with, and an attachment to the community, ought to have a right of suffrage." There is no attribution of rights as inherent, natural, or inalienable. In Art. 17, "Every freeman" ought to have remedy, &c. In Art. 21, "No freeman ought to be taken," &c. By the Constitution, adopted Nov. 8, electors for delegates are "all freemen, residents," &c. An act of 1801, c. 90, altering the qualification, restricts suffrage to whites. See 1809, c. 83; 1810, c. 33. 1783, c. 23. An act to prohibit the bringing of slaves into this State. Temporary. Amending are, 1791, c. 57; 1794, c. 43, c. 66; a new act, 1796, c. 67.

1790, c. 9. Amending 1752, c. 1; and 1791, c. 75; concerning petitions for freedom; both rep. by 1796, c. 67.

1787, c. 33. Against slaves being permitted to hire themselves out. Suppl. see 1817, c. 104; see Code, Art. 66, §§ 26–31. 1796, c. 67. An act relating to negroes, and to repeal, &c. Prohibits introduction of slaves generally, but exceptions as to persons coming to reside. (Exceptions are made by many public and private acts of later date. See 1797, c. 15; 1798, c. 76; 1812, c. 76; 1813, c. 55; 1818-9, c. 201.) Sec. 5. Against voting, &c., by slave manumitted since, &c., and receiving their evidence against whites. 12, 13. Repeal 1752, c.1, and allow manumission by will. 14. "Whereas it is contrary

to the dictates of humanity and the principles of the Christian religion to inflict personal penalties on children for the offence of their parents," &c., repeals law for the servitude of the issue of certain "inordinate copulations." (See ante, laws of 1715, c. 44; 1728, c. 4.) Other sections contain regulations common in slaveholding States. The last enumerates and repeals several acts passed since 1783 on the subject. This has been, with many amendments, the leading statute. Supplemental are 1804-5, c. 90; 1805, c. 66, c. 80; 1806-7, 81; 1807, c. 164.

1801, c. 109. Slaves are allowed to give evidence against free negroes charged with stealing. Amends 1751, c. 14, s. 4; confirmed by 1808, c. 81. (By Code of 1860, Art. 36, §§ 1, 3, negroes, slaves or free, are competent against negro, &c. ; but never against whites.)

1802-3, c. 96. Relating to runaway servants and slaves; amended, by 1810, c. 63; 1817, c. 112, so as to guard against negroes being sold for expenses when not claimed as slaves.

1804-5, c. 90. Punishing runaway negro servants for years by extending their time. (On runaways, see Code, art. 66, §§ 3-11.)

1805, c. 66. Restricts the issue of certificates of freedom. c. 80. To prevent free negroes selling corn, wheat, and tobacco without license.

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1806, c. 56. To prohibit the immigration of free negroes. Such persons not leaving on notice may be sold for time to pay expenses; not to extend to negroes employed in navigating vessels, and wagoning. (See Code, art. 66, §§ 44, 51.) 81. Negroes not to have guns, &c., and for apprehension of runaways; See 1833-4, c. 111; 1834-5, c. 160; and Code, art. 60, $ 22.

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1808-9, c. 81. Suppl. to 1715, c. 44. Admits testimony of slaves in prosecution of free negroes.

1809, c. 83. Elective franchise restricted to "free white male citizens," (confirmed by 1810, c. 33.) —, c. 138 on crimes, &c., sec. 2, death penalty for slaves or whites with them raising rebellion; imprisonment for years, for conspiracy. 21. Value of slave, executed or imprisoned, to be paid. (A suppl. act of 1818-9, c. 197, substitutes whipping and transportation for

imprisonment. See also 1819-20, c. 159.) c. 171. The condition of the issue born of female slaves during limited servitude, to be slaves, if not otherwise regulated by the manumittor of the mother.'

1810, c. 15. Relating to manumissions and to protect slaves, who are such for a limited time, from being sold out of the State. See 1817, c. 112; 1824-5, c. 85, 171, of like c. 63. For the free discharge of negroes imprisoned as runaways, when not claimed, &c. See 1817, c. 112. 1814-5, c. 92. Repeals 1728, c. 4.

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1817, c. 227. For the protection of owners in certain counties, also 1820-1, c. 88, containing ordinary provisions.

1818-9, c. 157. (Suppl. to 1809, c. 138.) Punishment for enticing slaves to run away. Suppl. is 1827-8, c. 15,; c. 208, limiting the use of jails by private owners.

1821, c. 240. Substitutes whipping as a punishment of slaves, instead of cropping the ears, as by 1723, c. 15.

1825-6, c. 93. Free negroes, instead of being imprisoned for crimes are to be whipped, or may be sold for slaves for term of years, to be taken from the State; by 1826-7, c. 229, §9, are to be imprisoned and then banished under penalty of being sold as slaves for term, &c.

1831-2, c. 281. An act relating to the people of color in this State, providing a board of managers, fund, &c., for the removal of free people of color to Liberia, in connection with the State Colonization Society. Suppl. are 1832-3, c. 145; c. 296, c. 316.3

1831-2, c. 323. An act relating to free negroes and slaves. Forbids introduction of slaves, either for sale or residence, and the immigration of free negroes (see Code, art. 66, §§ 44, 51); imposes many disabilities on the resident free people of color, and contains provisions tending to their removal and to induce emigration to Liberia. This was the leading act, amended by laws of 1832-3, c. 40; c. 317, which combine the exceptions

1 See ante, p. 17, note 1.

From 1821 to 1826 Resolutions were yearly passed by the legislature on the grievance in the encouragement given in Pennsylvania to the escape of slaves.

It may be proper to observe here that the Am. Colonization Soc. is merely a private corporation under the law of the State.

to the prohibition against the introduction of slaves. Supplementary are, 1833-4, c. 87; c. 224; 1834-5, c. 75; c. 124; c. 284; 1835-6, c. 61, c. 200 s. 3, c. 325, c. 329; 1838-9, e. 69; 1839-40, c. 15, c. 35, c. 36, c. 38; 1841-2, c. 272, c. 323; 1842-3, c. 163, c. 213, c. 279, sec. 3, 4, c. 281; 1845-6, c. 94, c. 105, c. 153; 1846-7, c. 166, c. 355.

1833-4, c. 224. Extending the time of runaways, if slaves, for limited periods. Suppl. 1845, c. 105. See Patterson v. Crookshanks. 7 Gill, 211.

1835-6, c. 325. Makes the printing of papers calculated to excite and create discontent among the people of color a felony, and "high offence against the supremacy of this State."

1836-7, c. 150. Against the navigation of vessels under the sole command of negroes, &c., extended by law of 1837-8, c. 23, and of 1853, c. 446. See Code, Art. 66, sec. 67.

1838–9, c. 63. An act to provide for the recapture of fugitive slaves, enacts that the running away of a slave into any State or the District, shall be felony; on conviction, the slave to be sold, purchaser being bound to remove him. (Code, Art. 30, §3 174, 175.) Sec. 4. "That on evidence of the escape it shall be the duty of the governor to demand such slave from the chief executive authority of any State or Territory into which such slave may have escaped." Re-enacted in substance, by law of 1-47-8, c. 309. See case of Mark, in Rollin C. Hurd on Habeas Corpus, &c., p. 601, and post ch. xxv.

1841-2,' c. 272. Making it felony for a free negro “to call for, demand, or receive," abolition papers, &c., and makes it a duty of grand juries to examine the postmasters, &c.

1842-3, c. 163. Supplementary to the last; authorizes

The law 1836-7, c. 197, is An act to amend the Constitution and form of gov ernment of the State of Maryland, to be effectual if confirmed by the General Assembly after the next election. Sec. 26. That the relation of master and slave shall not be abolished except by a bill passed with certain formalities, "nor then, without full compensation to the master for the property of which he shall be thereby deprived."

A report, with resolutions, of April 6, 1841, relates to the controversy between New York and Virginia respecting fugitives from justice, supporting the view of Virginia.

A resolution of Feb. 28, 1842, denies the power of Congress to abolish slavery in the District of Columbia; arguing from reservations made in the deeds of cession.

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