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persons convicted at the Sessions, and unable to pay fines, fees, &c., may be disposed of by the Sheriff as servants for time. See repealing act in 1839.
1810. An act concerning negroes and mulattoes. 4 Del. L., 337. Sec. 1. Negroes manumitted to be free at a future period, to be deemed, in the meantime, slaves. 2. The issue of such female negro shall be slaves, the males until 25, the females until 21 years.' 3, 4. Applies to negroes brought in, who have been so manumitted in other States. 5. Penalty by fine for attempting to export such negro; the negro to be free. 6. For absenting themselves such negroes may be punished by an extension of their service. 7. Such negroes and their issue to be registered, and certificates issued. Rev. Code of 1852, ch. 80, §§ 7-12.
1811.—An act to prohibit the emigration of free negroes or mulattoes into this State, and for other purposes. 4 Del. L., 400. Re-enacts the law of 1807, and directs that for nonpayment of fine such negroes shall be sold for terms of years. 6. A resident negro remaining out of it for six months to be deemed a non-resident. Exception as to sailors, &c. 7. Penalty on hiring a non-resident negro. (Rev. C., ch. 52, §§ 1-3.) A supplementary law of 1833, D. L., c. 276, permits negroes remaining, on obtaining a license from a judge. An act respecting free negroes, &c. 4 Del. L., 408. That free negroes convicted of larceny may be sold.
1816. An act concerning free negroes, free mulattoes, servants, and slaves. Rev. of 1829, p. 413, relates to the apprehension and return of runaway slaves. Sec. 3-5. Persons apprehended as such are to be taken before a justice of
'See under this act Jones v. Wootten, 1 Harrington, 85, Opinion of Harrington, J., as describing the nature of slavery in this State: It is true that slavery is tolerated by our laws; but it is going too far to say that this kind of property in slaves is precisely like every other species of property. The spirit of the age, and the principles of liberty and personal right, as held in this country, are,” &c. In this case held, that before this act the issue of born of slaves to be free at a future time were slaves; but contra in Negro Ann Elliott v. Twilley, 5 Harrington, 192.
Davis v. Curry (1810), 2 Bibb, Ky., 238. Colored person brought from Delaware is presumed to be a slave, unless it be proved that the laws of Delaware since the Revolution have abolished slavery.
the peace, and committed by him for cause. The Sheriff forbidden to deliver up any person claimed as a slave without written order of the justice, who is to grant it only on reasonable proof. 7. Against harboring the slaves of others. 9. A proviso that this shall not affect travelers, &c., nor affect any sheriff, gaoler, or other person, "acting under the authority of a judge, a justice of the peace, pursuant to the act of Congress," of 1793, for fugitive slaves. (The other sections are not given in Rev. of 1829.) Rev. C. of 1852, ch. 80, § 13-15.
1819.—An act to provide indemnity against manumitting slaves. Ibid, p. 414. Rev. C., ch. 80, § 6.
1826.—An act relating to fugitives from labor. D. L. c. 316 (Rev. of 1829, p. 291). Sec. 1, 2, provide that when any person held to labor or service in any State or territory shall escape into this State, the owner, &c., is authorized to apply to any judge or justice of the peace or any burgess of a borough or town corporate; and the judge, &c., shall issue a warrant for the arrest of the alleged fugitive, take proof of the claim and give a certificate, which shall be warrant for removing him. 4. Penalty for obstructing the claimant, &c. 4. Penalty for transporting slave from the State by water; recoverable by the owner. 5. Suspicious colored persons may be arrested as runaways. (Rev. c. 80.) 6. On duty of grand juries. (Repealed by, 1835, L. c. 326.). D. L., c. 362. A new crimes act; repeals many earlier laws affecting slaves and free negroes. Sec. 12. That slaves charged with crime punishable capitally, are to be tried as freemen.
1827.-An act concerning apprentices and servants. D. L. c. 41. Sec. 1, that no white person shall be bound as a servant. An act concerning certain crimes and offences committed by slaves and for the security of slaves properly demeaning themselves, L. c. 50. Rev. of 1829, pp. 149-156. Sec. 1. The general criminal code of 1826, for crimes punishable with death, made applicable to slaves. Other sections provide for punishment of other specified offences by whipping and exportation for sale; also re-enactments against exporting and importing slaves. 11. The term slaves here used, includes slaves for time, as
under the law of 1810. 12. Repealing the former laws. An additional act as to punishment of manslaughter in 1829. Rev. p. 156. (There seems to have been no statutory discrimination of the crime of killing a slave.) Rev. Code of 1852, c. 80, §§ 25-35.
1829.-An act authorizing the courts to grant licenses in proper cases for exporting and importing slaves. L. c. 144. 1831.-A new Constitution' with a preamble attributing rights to "all men by nature," and that "for the due exercise thereof power is inherent in them," &c. Art. IV. sec. 1 limits the elective franchise to whites.
1832.—An act to prevent the use of fire-arms by free negroes, &c., allows certain exceptions, (by 1835, p. 338, licenses to use guns may be given; prohibited by 1843, p. 552; punishment enacted by 1851, p. 537;) provides to enforce the law of 1811 against immigration; prohibits meetings of blacks after ten o'clock; non-resident blacks may not preach. See Rev. C., c. 52.
1833.-Suppl. to an act on marriage. L. c. 194. License on marriage of free blacks not required, but certificate of freedom, and in case of the marriage of a servant or slave, the written consent of the master. Rev. C. p. 237.
1839. An act suppl. to the criminal code. L. c. 214, gives discretion to courts in punishment of free blacks for larceny, and repeals so much as authorizes the sale of white convicts.
1841.'-In L. c. 363, and 1843, L. c. 466, a distinction is made between black and white insolvents in their liability to imprisonment.
1849. An act, L. c. 411, declaring it unlawful for any to remain in the State who have been convicted of having enticed slaves. —. An act in relation to idle and vagabond free negroes, L. c. 412, authorizes their being hired out to compulsory service for wages. —, c. 334. Suppl. to law of 1811, recites that numbers of resident free negroes are in the habit of leav
1 This Constitution is the longest and most minute of the State Constitutions. A resolution of 1841, Feb., L. p. 441, condemns the action of the Governor of New York in the controversy with Virginia. Ante, pp. 10, 61.
ing the State during the working season, who return within the six months allowed by law, and in destitution; limits to sixty days the time of absence. R. C. c. 52, sec. 1.
1851.—An act in relation to free negroes and slaves. L. c. 59, prohibits emigration (except as to Maryland and certain counties), under penalty of being sold. L. 1855, c. 257, declares fines for bringing in such, prohibits free negroes from political meetings, and from holding camp-meetings. R. C. c. 52, §§ 1, 2.
1852. A Revised Code.' Ch. 45, 52, and 80, contain a reenactment in substance of the laws above cited. Ch. 97, §§ 30, 31, relate to jurisdiction of justices of the peace over offences of slaves. Ch. 80, §§ 20-24,. provide for suits for freedom on petition and giving security for costs by next friend, to be tried in the Superior Court in "a summary way;" appeal allowed to the highest court; the master may be required to give security. Ch. 52, § 12, “no free negro or free mulatto shall be entitled to the privilege of voting at elections or of being elected or appointed to any office of trust or profit, or give evidence against any white person, except as is provided in chapter 107, or to enjoy any other rights of a free man, other than to hold property or to obtain redress in law or equity for any injury to his or her person or property." By c. 107, sec. 4, they are competent witnesses in criminal cases, cases of bastardy charged on a white excepted, when no competent white witness appears to have been present.
1857, c. 392, amend. c. 80 of code, increasing liabilities of railroads, &c., transporting slaves.
$555. LEGISLATION OF THE STATE OF NORTH CAROLINA.
1776, Dec. 17.-In the Declaration of Rights the franchises are ascribed to "all freemen," but sec. 19, that "all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences." Dec. 18.
1 There seems to be no act of Delaware empowering the Governor to surrender persons claimed as fugitives from justice under the Constitution of the United States. VOL. IL-6.
Constitution adopted.' By sec. 7, 8, 9, the elective franchise is ascribed to all adult freemen, with certain qualifications in respect to domicil, without distinction of color. (Changed by Constitution of 1835.) Sec. 40. "That every foreigner who comes to settle in this State, having first taken an oath of allegiance to the same," may hold, &c., land, "and after one year's residence shall be deemed a free citizen."
1777, c. 2, sec. 12. Declaring that Indians, negroes, &c., shall be incapable to witness, except in suits against each other, and in prosecutions of colored persons. Amended by a law of 1821. Extant in Rev. St. (of 1837), c. 111, § 50; and Rev. Code (of 1854), c. 107, § 71.' c. 6. An act to prevent domestic insurrections, and for other purposes, recites, "Whereas the evil and pernicious practice of freeing slaves in this State ought, at this alarming and critical time, to be guarded against by every friend and well-wisher to his country," prohibits manumission, except as by previous statute allowed (1741, c. 24, § 56), and prohibits slaves hiring themselves out. Additional are 1779, c. 12; 1788, c. 20. See Iredell's Law of N. C. ed. 1791. The existing law dates from 1830.
1778, c. 133. Declares "that all such parts of the common law as were heretofore in force and use in this State, or so much of the said common law as is not destructive of, or repugnant to, or inconsistent with the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in the whole or in
"By a Congress of the representatives of the freemen of the State of North Carolina, assembled at Halifax, &c., for the purpose of establishing a Constitution or form of government for the said State." This Congress also performed the functions of an ordinary Legislature. Rev. St. Pref. x. State v. Manuel, 4 Dev. & Bat. 25. Gaston, J.:-" It is a matter of universal notoriety that under it [the first Constitution of North Carolina] free persons, without regard to color, claimed and exercised the franchise, until it was taken from freemen of color a few years since by our amended Constitution." Ibid. p. 26, that free negroes and free persons of color are entitled, as citizens, to the protection of sec. 10 of the Bill of Rights, and sec. 39 of the Constitution. But see post, the laws of 1831 and 1840.
* State v. Samuel, a slave (1836), 2 Dev. & Batt. 177:-The marriage of slaves, "consisting of cohabitation merely, by the permission of the owners," does not constitute the relation of husband and wife so as to attach to them the privileges and disabilities incident to that relation by the common law. Hence a slave's wife may give evidence against him, even in a capital case.