provide a specific poll-tax on slaves capable of work. 10 Hen. 12, 166. -, c. 30, laying a tax on property, provides that it

shall not "extend to any negro or mulatto servant or slaves." Ib. 189. c. 55. An act declaring who shall be deemed citizens of this Commonwealth. "That all white persons born within the territory," &c., shall be, &c. (See laws 1783, 1786, 1792-3.) "And all others, not being citizens of any of the United States of America, shall be deemed aliens ;" provides"The free white inhabitants of every of the States parties to the American Confederation, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all rights, privileges and immunities of free citizens in this Commonwealth, and shall have free egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the citizens of this Commonwealth.' And if any person guilty of, or charged with, treason, felony, or other high misdemeanor in any of the said States, shall flee from justice and be found in this Commonwealth, he shall, upon the demand of the governor or executive power of the State from which he fled, be delivered up to be removed to the State having jurisdiction of his offence." 10 Hen. 129. Rep. by 1783, c. 16.

1781, 6th S. c. 40. Tax law. Sec. 2, for a poll tax on white male persons above twenty-one years, and all slaves. 10 Hen. 504.

1782, 6th S. c. 8. An act for the recovery of slaves, horses, and other property taken by the enemy, 11 Hen. 23. c. 21. An act to authorize manumission of slaves, sec. 1,

The 4th of the Articles of Confederation, adopted July 9, 1778, reads"The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an inhabitant," &c.

Following the terms of the 4th Article of Confederation.

Lewis v. Fullerton (1817), 1 Rand. 15, manumission in Ohio not valid between master and slave domiciled in Virginia, unless according to law of Virginia;

authorizing manumission by will, adding that the slaves "shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude." (See law of 1805-6, c. 63, sec. 10.) Ib. 39. c. 32. An act concerning slaves, that if permitted to hire themselves out they may be sold by public authority. Ib. 59.

1783, c. 3. An act concerning the emancipation of certain slaves who have served as soldiers in this State. 11 Hen. 308. c. 16. An act for the admission of emigrants and declaring their right to citizenship. Sec. 1 declares "that all free persons born within the territory of this commonwealth," &c., shall be entitled to all the rights, privileges, and advantages of citizens. Sec. 4 repeals the act of 1779, c. 55. Ib. 323.

1784, c. 28. Amending the militia laws, sec. 8, duties of militia as "patrollers" in respect to negroes, &c. 11 Hen.

489.

1785, 10th S., c. 77. An act concerning slaves. Sec. 1. "That no person shall henceforth be slaves except such as were so on the first day of this present session, and the descendants of the females of them. Slaves which shall hereafter be brought into this commonwealth and kept therein one whole year together, or so long at different times as shall amount to one year, shall be free." Other sections contain ordinary provisions of a police nature. 12 Hen. 182. , c. 78. An act declaring what persons shall be deemed mulattoes. "That every person of whose grandfathers or grandmothers any one is or shall have been a negro, although, &c., shall be deemed a mulatto, and so every person who shall have one fourth part or more of negro blood shall in like manner be deemed a mulatto." Ib. 184.1

, c. 83. An act concerning servants. White persons under compulsory service are referred to. Ib. 190. c. 84. An act for apprehending and securing runaways. Ib. 192.

1786, 11th S., c. 10. An act to explain, &c. Sec. 2, that "all free persons, born within the territory of this Commonwealth, all persons not being native who shall have, &c., shall

but, Moses v. Deniger, 6 Rand. 561, that emancipation by will, before 1792, c. 41, was unlawful. Fulton v. Shaw, 4 Rand. 597, condition that the issue of the emancipated shall be slaves is void; they are free.

1 See Gregory v. Baugh, 4 Rand. 611.

be deemed citizens of this Commonwealth." 12 Hen. 261. c. 58. An act directing the method of trying slaves charged with treason or felony. Ib. 345.

1787, 12th S., c. 1. Revenue act, sec. 25, repeals poll tax on young slaves and on free white males. 12 Hen. 431. Other acts mentioning slaves as subject of poll tax in laws of 1784, see in 11 Hen. 93, 113, 418, 489. c. 37. Stealing or selling a free person for a slave, is made felony without clergy. 12 Hen. 531.

1788, c. 23. Repeals so much of the statute of 1723, c. 4, sec. 19, as declares killing a slave by correction to be manslaughter only. 12 Hen. 681.' c. 54, modifying the law against the importation of slaves, in favor of persons removing into that part of the State then known as Kentucky district.

1792-3, c. 41. An act to reduce into one the several acts concerning slaves, free negroes and mulattoes. 1 Shepherd's continuation of Statutes at Large, 122. Sec. 43. "All negro and mulatto slaves, in all courts of judicature within this Commonwealth, shall be held, taken, and adjudged to be personal estate." (Compare law of 1748, c. 2, in vol. I., p. 243.) But the next section speaks of dower in slaves. (1 R. C. of 1819, p. 431.) c. 48. An act declaring, &c. Sec. 1, that all free persons born within the State are citizens. 1 Shep. 148. c. 67. An act reducing into one the several acts concerning servants. Ib. 179.

1793, c. 22. An act for regulating the police of towns and to restrain the practice of negroes going at large. 1 Shep. 238. Another act on this, 1807, c. 13. 3 Shep. 372. c. 23. An act to prevent the migration of free negroes and mulattoes into this Commonwealth. 1 Shep. 239. Directs that they be apprehended and sent out of the State.

1795, c. 11. An act to amend, &c., (i. e. the act of 1792, e. 41.) 1 Shep. 363. Preamble. "Whereas great and alarmning mischiefs have arisen in other States of this Union, and are likely to arise in this, by voluntary associations of individuals who, under cover of effecting that justice towards

I See Souther's case (1851), 7 Grattan, 673.

*That the killing of outlawed slaves was not lawful after this date, see 5 Tucker's Blackstone, 178, note.

persons unwarrantably held in slavery which the sovereignty and duty of society alone ought to afford, have in many instances been the means of depriving masters of their property in slaves, and in others occasioned them heavy expenses in tedious and unfounded law-suits, to the end that a plain and easy mode may be pointed out by law for the recovery of freedom where it is unjustly and illegally denied, and that all such practices may in future be made useless and punished." Sec. 1, 2. A person claiming to be "illegally detained as a slave in the possession of another," may make complaint to a magistrate who shall require bonds of the person detaining, and assign counsel, &c. 3. Penalty on any person aiding in the prosecution if the claim to freedom is not established. 4-6. Other amendments.

1796, c. 2. An amending act, 2 Shep. 19, makes it lawful for any citizen of the U. S. owning lands in the State, who may carry slaves into another State, to bring them back without incurring the penalties against importation, provided he had not sold or hired out such slaves, and provided always, "that if any such slave or slaves be entitled to freedom under the laws of that State to which he, she, or they may have been, or shall hereafter be removed, such right shall remain, anything in this act notwithstanding."

1797, c. 4. An amending act, 2 Shep. 77. Free persons `convicted of exciting slaves to insurrection or murder shall suffer death. Penalty on harboring. Members of societies for emancipating slaves disqualified for jurors in suits for freedom. Penalties on masters of vessels, &c. c. 23, contains a penalty against negroes, &c., bond or free; selling goods, &c. Ib. 94.

1798-9, c. 6. That stealing a slave shall be punishable, capitally. 2 Shep. 147.

1800, c. 43. Slaves under sentence of death may be transported out of the United States. 2 Shep. 279., c. 70, against slaves hiring themselves. Slaves admissible as witnesses against free negroes, &c. Free negroes to be registered; operation of registry. Ib. 300. Additional as to registry is 1802, c. 21. Ib. 417.

1801, c. 21. Against dealing with slaves on vessels. 2 Shep. 326.

1803, c. 97. An act authorizing the removal of slaves from the county of Alexandria, in the District of Columbia, into this Commonwealth.' 3 Shep. 76, c. 119. Declaring what shall be unlawful meetings of slaves. 3 Shep. 108. Recites. that it is a common practice "for slaves to assemble in considerable numbers, at meeting-houses and places of religious worship, in the nights, which if not restrained may be productive of considerable evil to the community;" provides for breaking up such and for punishment.

1804, c. 11. Amending the last general slave act. 3 Shep. 123. Sec. 1. Provides punishment by fine and imprisonment for carrying slaves out of the State without consent of owners. 2. That masters of vessels who, having slaves on board, shall sail out of the limits of the county, and persons traveling by land who shall protect or assist slaves, to prevent their being stopped, shall be within the act. 5. "That it shall not be lawful for the overseers of the poor who may hereafter bind out any black or mulatto orphan to require the master or mistress to teach such orphan reading, writing or arithmetic." 12. Amending and explaining the act of 1803, c. 119; it shall not prevent masters taking their slaves to places of religious worship conducted "by a regularly ordained or licensed white minister." Ib. 124.

C.

1805-6, c. 63. An amending act, 3 Shep. 251. Slaves, if brought into the State and kept therein more than one year, shall be forfeited and sold. Other penalty for bringing in slaves. Sec. 10. That if slaves thereafter emancipated shall remain in the State more than twelve months thereafter they shall forfeit the right to freedom and be sold. (Act of 1815-16, c. 24, provides how emancipated slaves may remain in the county or corporate town on obtaining certificates.), c. 94. An act regulating free negroes, 2 Shep. 274, prohibits their carrying fire-arms without license.

1806, c. 12. Amending law of 1805, c. 63. 3 Shep. 290. Persons leaving the State with view to return may bring back

See Law of 1788.