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1822, c. 1129, §8. A revenue law imposing a tax on slaves brought into the State for sale from other States. Existing in R. S. c. 102, § 16, but not in R. C. See the act of 1794. There seems to be no existing law against the introduction of slaves from other States.
1823, c. 1229. And act declaring that rape committed by a black on a white shall be punished with death. R. S. e. 111, $78. R. C. c. 107, § 44.
1826, c. 13, and 1828, c. 32, against trading with slaves; extant in R. S. c. 34, $$ 75-78. R. C. c. 34, §§ 84-89. Also against slaves or free negroes and slaves trading together in articles which slaves may not sell to whites. R. S. c. 111, §§ 82-84. 1830, c. 7, and 1831, c. 28, to prevent free negroes peddling beyond their county without license. R. S. c. 111, $85. R. C. c. 107, § 65.
1826, c. 21, 1830, c. 14, 1831, c. 13. Acts forbidding the immigration of free negroes, and providing remedies. Extant in R. S. c. 111, §§ 65, 75, 76, 86-89; R. C. 107, §§ 54-58, 75– 77. Free negroes immigrating are subject to a fine of $500 unless they remove, and in default may be hired out for payment, and are liable to repeated indictments until they remove. Resident free negro having voluntarily been absent ninety days is liable to the same penalties. The law does not apply to negroes on vessels or with travelers. "All free mulattoes descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall be deemed free negroes, and persons of mixed blood."
1830, c. 4. Declares the marriage of free negro with a white to be void. This was omitted in R. S. Re-enacted 1838, c. 24. R. C. c. 68, 7. (See State v. Hooper, 5 Iredell, 201.), c. 5. An act to prevent the circulation of seditious publications, &c., makes it a felony to incite insurrection. among slaves, or circulate writings having that tendency. R. S. c. 34, § 17, 18. R. C. c. 34, §16, 17. c. 6. An act
The Constitution of 1835, Art. I. sec. iii, 3, declares that such persons shall not have the right of voting.
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.1 c. 10. An act to prevent gaming with slaves. R. S. c. 111, § 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 attending muster on election grounds in certain counties. These last two acts do not appear in the revisions.
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
1832, c. 9. An act making punishable with death the offence of carrying away, or concealing for that end, any slave," with the intent and for the purpose of enabling such slave to escape out of the State from the service of his owner," &c. R. S. & R. C. c. 34, § 11.
1835. A new Constitution, and an amendment in 1835 extending the franchise, still limits it to free white men.
1838, c. 24 declares void all future marriages "between a white person and a free negro, or free person of color to the third generation." R. C. c. 68, § 7.1
1840, c. 30. An act forbidding free negroes to wear or keep guns, bowie knives, &c., without having obtained licenses."
The Revised Statutes above cited are of 1833, 1834. The penal laws on the subject are contained in c. 34. The other regulations in c. 111, entitled Slaves and free persons of
slaves, fall within one of two classes. Whatever distinctions may have existed in the Roman laws between citizens and free inhabitants, they are unknown to our institutions. Before our Revolution, all free persons within the dominions of the king of Great Britain, whatever their color or complexion, were native-born British subjects-those born out of his allegiance were aliens. Slavery did not exist in England, but it did in the British colonies. Slaves were not, in legal parlance, persons, but property. The moment the incapacity, the disqualification of slavery, was removed, they became persons, and were then either British subjects or not British subjects, according as they were or were not born within the allegiance of the British king. Upon the Revolution no other change took place in the laws of North Carolina than was consequent on the transition from a colony dependent on a European king to a free and sovereign State. Slaves remained slaves. British subjects in North Carolina became North Carolina freemen. Foreigners, until made members of the State, remained aliens. Slaves manumitted here became freemen, and, therefore, if born within North Carolina, are citizens of North Carolina, and all free persons born within the State are born citizens of the State. The Constitution extended the elective franchise to every freeman who had arrived at the age of twenty-one and paid a public tax; and it is a matter of universal notoriety, that under it free persons, without regard to color, claimed and exercised the franchise, until it was taken from free men of color a few years since by our amended Constitution."
Gober v. Gober, 2 Hayw. 170:-Negro presumptively a slave; aliter as to mulatto.
2 State v. Watters, 3 Ired. 455:-"A person of color' is one descended from negro ancestors to the fourth generation inclusive, though one ancestor in each generation may have been white."
* State v. Newsom (1844), held not unconstitutional in 5 Ire. 250. Per curiam, We must therefore regard it as a principle, settled by the highest authority, the organic law of the country, that the free people of color cannot be considered as citizens in the largest sense of the term, or if they are, they occupy such a position in society as justifies the legislature in adopting a course of policy in its acts peculiar to them; so that they do not violate those great principles of justice which ought to be at the foundation of all laws." State v. Manuel is referred to as authority.
color. In this work the date and numbers of the acts from which the revision is compiled are noted at the foot of the page. The Revised Code of 1854 is a more condensed code, but with the same arrangement, it contains marginal references to the similar provisions in the R. S., with dates of the late enactments.1
1840, c. 58. Forbids, under penalty, the carrying slaves on ships, railroads, coaches, &c. R. S. c. 107, § 78.
1858, c. 30. An act providing for the hiring out of free negroes in discharge of fines. c. 31. Against sale of spirits by and to free negroes.
LEGISLATION OF THE STATE OF TENNESSEE.
The territory occupied by the present State of Tennessee was included within the limits of the State of North Carolina until ceded to the United States in 1790. The law of North Carolina continued to be the law of Tennessee, and the statutes of the older State, prior to the date of cession, which have been already cited, appear in the Tennessee Digests. The only enactment passed before the admission of the State which relates to negroes, &c., is 1794, c.. 1, sec. 32, that negroes and per
1 An act of 1810 (R. S. & R. C. c. 35, § 5), provides for arrest of persons charged with crime in other States, that they may await a demand as provided by act of Congress, but no provision appears giving special authority to the Executive to deliver up.
In the act of cession by North Carolina of the territory included in the State of Tennessee, Feb. 25, 1790, is a provision that "the laws in force and in use in the State of North Carolina at the time, shall be and continue in full force within the territory hereby ceded until the same shall be repealed or otherwise altered by the legislative authority of the said territory." And also, "That no regulations made or to be made by Congress shall tend to emancipate slaves." The cession was accepted by Congress April 2, 1790. I. Stat. U. S. 106. 2 B. & D. 85-89.
The Act of Congress May 26, 1790, an act for the government of the Territory of the United States south of the River Ohio. I. Stat. U. S. 123; 2 B. & D. 104. Sec. 1. Provides that the Territory, "for the purposes of temporary government, shall be one District, the inhabitants of which shall enjoy all privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the Territory of the United States northwest of the River Ohio, and that the government of the said Territory shall be similar to that which is now exercised in the Territory northwest of the Ohio; except so far as it is otherwise provided in the conditions expressed in an act of Congress of the present session, entitled An act to accept a cession of the claims of the State of North Carolina to a certain District of Western Territory."
sons of mixed blood to the third generation, though one ancestor in each generation may have been a white, shall be excluded from being witnesses except against others of the same class, and that no one of mixed blood in any degree whatever, having been emancipated, shall be witness against a white during twelve months after emancipation. Meigs and Cooper's Code of 1858, § 3808, 3809.
1796. Constitution of the State,' adopted Feb. 6. In the declaration of rights, only the right of worship is attributed to all men as natural and inalienable. It is declared that "no freeman shall be taken," &c., and, in sec. 26, that "the freemen of this State have a right to keep and bear arms for their common defence." Art. IV. sec. 1, declares that "every freeman" of full age, resident, &c., may vote. This Constitution
continued until 1835.
1799, c. 5. Directs the seizure and sale of stock belonging to slaves. c. 7. Gives power to patrols to arrest slaves and search for arms. -, c. 9. Declares that the willful killing a slave with malice aforethought shall be deemed murder as if the person killed had been free; proviso, "this act shall not be extended to any person killing any slave in the act of resistance to his lawful owner or master, or any slave dying under moderate correction." M. & C. §§ 2649-2652.' c. 28. An act to prevent harboring or trading with slaves, M. & C. §§ 2669– 2675; and provides punishment for carrying a forged pass. M. & C. §§ 2614, 2658.
1801, c. 27. An act requiring owners who desire to emancipate slaves to apply to the county court for leave and to give security. See act of 1831.
1803,' c. 13. Forbids, under penalty, uttering, in the pres
1 Act of Congress June 1, 1796, for the admission of the State of Tennessee into the Union, extends the laws of the United States to said State. I. Stat. U. S. 491; 2 B. & D. 567.
"Held not to extend to free negroes, &c., but only to citizens in the sense of the word in the Constitution of the United States, art. 4, sec. 2, State v. Claiborne, 1 Meigs, 340.
An act of 1826, c. 23, sec. 2, declares it murder "unlawfully to kill any reasonable creature in being and under the peace of the State, with malice," &c. Car. & Nich. 316; M. & C. § 4597.