part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force in this State." R. S. and R. C. c. 22. 1779, c. 5. For seizure and sale of cattle, &c., owned by slaves. Iredell, p. 378; R. S. c. 111, § 25, but not in R. C. of -, c. 7. Patrol law, increasing powers given by 1753, c. 6. Iredell, p. 388; R. S. c. 86, § 3; R. C. c. 83, § 3.

1854.

-, c. 11. Declares death the penalty for stealing slaves or free negroes, or for inducing slaves to run away. Iredell, p. 370. Existing in R. S. and R. C. c. 34, §§ 10, 12.

1783, c. 14. Providing for summary trial and punishment of slaves for minor offences, by a justice of the peace. Iredell, p. 460. By 1842, c. 3, appeal to superior court is allowed. R. S. c. 111, §§ 41, 42; R. C. c. 107, §§ 32, 33.'

1786.—An act to impose a duty on all slaves brought into this State, by land or water. Sec. 1, in Potter's Dig. c. 249, imposes penalty to secure the return of slaves brought from States which might have passed laws for emancipation. (Other provisions superseded by the Constitution and laws of the United States.) Extant in R. S. c. 111, § 9; R. C. c. 107, § 7.

1787.-An act to prevent thefts and robberies by slaves, &c. Iredell, p. 609. Forbids slaves, &c., on vessels after sunset. R. S. c. 34, § 76; R. C. c. 34, § 93. -. Against entertain

ment of slaves by free negroes. R. S. c. 111, § 81; R. C. c. 107, $64. Against marriage of free negro with slave, without consent of the master. Such marriages absolutely forbidden by act of 1830, c. 4, § 3. R. S. c. 111, § 61; R. C. c. 107, $77.

1788, c. 7. Amending previous acts against dealing with slaves. Iredell, p. 633, with later acts existing in R. S. c. 34, $$ 75, 77; R. C. c. 34, $$ 83-92.

1791, c. 4. On the same matter, also declares killing a slave, if malicious, to be murder. (By 1801, c. 21, clergy is taken away.) Penalty for enticing slaves to abscond. See R. S. c. 34, § 73; R. C. c. 34, 81. Punishment of slaves for forging passes. R. S. c. 111, § 21; R. C. c. 107, § 31.

State v. Bill, 13 Iredell, 373, as to what may be an offence in a slave. `

1793, c. 5. An act to extend the trial by jury to slaves, with an act of 1794, c. 10, see Martin's Dig. ed. 1804. By 1807, c. 719, they are to be tried for capital crimes in county court. 1816, c. 912; 1825, c. 129; for felonies, &c., they shall be tried as freemen are. Extant in R. S. c. 111, §§ 42-49, combining later acts, and in R. C. c. 107, § 34, declaring that for felonies, &c., they shall be tried as freemen are, the jury to consist of slave-owners.'

1794, c. 2. An act to prevent the further importation of slaves and indented servants of color into this State. Martin's Dig. Prohibits, with exception in case of owners coming to reside, or of citizens inheriting slaves held in other States.

-, c. 4. Recites the mischiefs from slaves hiring out to them their time and prohibits it; additional is 1802, c. 15. (See R. S. c. 111, §§ 31-33. R. C. c. 107, § 28.) The first of these acts, sec. 4, 5, and the second, sec. 2, with the act of 1816, c. 16, sec. 3, relate to assemblies of slaves, the authority of patrols: extant in R. S. c. 86, §§ 3, 33, R. C. c. 83, §§ 3,

30.❜

1795, c. 16. An act to prevent any person who may emigrate from any of the West Indies or Bahama Islands, or the French, Dutch, or Spanish settlements on the southern coast of America, from bringing slaves into this State, and also for imposing certain restrictions on free persons of color who may hereafter come into this State. Martin's Dig. Forbids bringing negroes, as above, older than fifteen years. Free negroes are to give securities for behavior. Militia to be called out when any negroes may collect in arms. An act of 1796, c. 15, allows slaves to be brought in who may belong to residents near the Virginia and South Carolina boundaries.

The State v. Charity (1830), 2 Devereux, 545. On an indictment against a slave for a capital offence, the master cannot be compelled to testify; and if the master waives his privilege, has not the slave a right to object to evidence of confessions made by the master-Quare? See the opinions in this case as illustrating the effect of the relation between master and slave on the moral responsibility of each.

* State v. Clemons, 3 Dev. 472. State v. Clarissa, 5 Iredell, 221.

Asto

As to discretion allowed to patrols see State v. O'Neal, 1 Hawks, 418. what is allowable on festive occasions, see State v. Boyce, 10 Iredell, 536; Matthew's case, 2 Dev. & Bat. 424.

1796.-A new act against emancipation of slaves. Potter and Yancey's Dig. c. 453 (ed. 1821). The existing law begins with 1830, c. 9.

1798, c. 13. An act to compel owners of infirm slaves to support them. Extant in R. S. c. 89, §§ 19-23. R. C. c. 86, $15-19.

1801, c. 20. Requiring owners who are permitted to emancipate slaves to give security against their becoming a charge. Martin's Dig. Superseded by the law of 1830, c. 9.

1802, c. 17. An act to prevent conspiracies and insurrections among the slaves. Martin's Dig. Potter & Yancey's, c. 618. Existing in R. S. c. 111, §§ 35, 40, 53; R. C. c. 107, $35-41.

1812, c. 828. Negroes, &c., not to be mustered in militia, except as musicians. Re-enacted 1823, c. 1219. R. S. c. 73, $5; R. C. c. 70, § 5. -, c. 859. Negro slaves not permitted to act as pilots, R. S. c. 88, § 44; the owner liable to forfeit the value of such slave, R. C. c. 85, § 39.

1816, c. 910. Slaves imported from foreign countries contrary to the act of Congress of 1807, to be sold for the benefit of the State. R. S. c. 111, §§ 1-8. R. C. c. 107, §§ 1-6. c. 912. An act for the more speedy trial of slaves, amended as to cases of conspiracy, &c., by 1831, c. 30. Governor to issue special commissions. R. S. c. 111, §§ 53-56. R. C. c. 107, § 41.

1817, c. 949. That "the offence of killing a slave shall be homicide and shall partake of the same degree of guilt, when accompanied with the like circumstances, that homicide does at common law.' R. S. & R. C. c. 34, 9.

1818, c. 981. Authorizes the sale of negroes taken up as runaways and not claimed. Existing in R. S. c. 111, §16. R. C. 107, c. 19.

1821, c. 2180; also 1830, c. 8. Acts against harboring slaves. Existing in R. S. c. 34, § 73. R. C. c. 34, § 81.

1 State v. Tackett, 1 Hawks. 210:-"It exists in the very nature of slavery that the relation between a white and a slave is different from that between free persons, and therefore many acts will extenuate the homicide of a slave which would not constitute a legal provocation if done by a white person."

C.

to prevent all persons from teaching slaves to read or write; the use of figures excepted. Recites that such teaching has a tendency to excite dissatisfaction in their minds and produce insurrection, &c.; forbids teaching or giving books. Extant in R. S.c. 34, §74; c. 111, § 27. R. C. c. 34, §82. 9. An act restricting emancipation. Extant in R. S., c. 111, $57-64. R. C. c. 107, §§ 45-53. Emancipation may be allowed by the Superior Courts; bond being given, by the owner or executors of an emancipating testator, that the slave shall quit the State within ninety days. If emancipated for meritorious services, may remain in the State on security having been given. In other cases must leave the State or be sold as a slave.' -, c. 10. An act to prevent gaming with slaves. R. S. c. 111, S$ 29, 79, 80. R. C. c. 107, $$ 62, 63. The act applies to free negroes. By 1850, c. 186, whites are likewise prohibited. R. C. c. 24, § 116.

1830, c. 16. New powers given to patrol, to arrest and punish negroes. R. S. c. 86, §3. Another act, 1848, c. 73. Extant in R. C. c. 83, § 3.

1830, c. 30. An act to amend the quarantine laws, enacts that vessels having free negroes on board from other States are subject to thirty days' quarantine; nor may any negro go on board such vessel. c. 156. An act to prevent slaves from election grounds in certain counties. These last two acts do not appear in the revisions.

attending muster on

1831, c. 4. Regulating free negroes, &c. ; prohibits preaching, &c., by such; and slaves keeping house, or going at large as freemen.' R. S. c. 111, §§ 31, 32. R. C. c. 107, $28. , c. 13. For collecting fines of free negroes; authorizes them being sold for time.' R. S. c. 111, §§ 86-88. R. C. c. 107, § 75.

1 Removing from the State is not a condition precedent to the emancipation. Alvany . Powell, 1 Jones Eq., 35.

* State v. Clarissa, 5 Ired, 221.

State v. Nat, 13 Ired. 154.

In The State v. Manuel, 4 Dev. & Bat. 23, this provision is held not to violate any clause in the State Bill of Rights, though it is also held that such Bill applies to all free persons, and that all such are citizens in the sense of the State Constitution, and that the extent of the word citizens is not dependent on political citizenship. Judge Gaston, delivering the opinion of the Court, said:— According to the laws of this State all human beings within it, who are not