LAWS OF DELAWARE. 291 act for laying a duty on negroes and mulatto slaves, &c., and laying an additional duty on the said slaves. 1 Commonw. Laws, c. 692, (repealed 1780. Ibid. c. 881.) 1776, June 14.-The Provincial Congress instructed their delegates in the Continental Congress to confer with the other colonies in political separation from Great Britain,"reserving to the people of this colony the sole and exclusive right of regulating the internal government of the same."-Votes and Proceedings, vol. vi., 740. § 227. LEGISLATION OF DELAWARE. The territory occupied by the State of Delaware was first occupied by the Dutch. Their claim had always been denied by the English, though on the grant of New Netherlands to the Duke of York, it was occupied by his representatives as a portion of his proprietary dominion. In 1682, Aug. 21, the Duke ceded his territory to Penn, and it became included in his government. See the "Act of Union," in Votes and Proceedings, vol. i., p. 3, and ante p. 286, note.-Delaware Laws, ed. 1797, c. 5. In 1703, Penn surrendered the old form of government, and gave the Delaware Counties the option of a separate administration, under "the Charter of Privileges," having a separate legislature, though one Governor and Council with Pennsylvania.-Del. Laws, ed. 1797, appendix. 1721. An act for the trial of Negroes. Del. L. c. 43. Sec. 1. Two justices and six freeholders empowered to try "negro or mulatto slaves" accused of heinous offences specified. 2. Such court may determine and order execution. When slaves are put to death two-thirds of value to be paid to owner. 3, 4. The first settlements in this vicinity were by the Swedes and Danes, before the year 1638. Stevens, in Hist. of Georgia, p. 288, says that in the Swedish and German colonies, founded on the Delaware by Gustavus Adolphus, it was held "not lawful to buy or keep slaves," but gives no authority. In a translation of the Danish Laws of Christian V., published in London, 1756, "for the use of the Danish colonies in America," ch. xii. of Book iii. is omitted, since "it regards vileanage, consequently of no use in the American islands." But ch. xiv., Of Bondsmen, is given in full, though such as are there described are bound to the soil, though hereditary, and could not be sold or removed by the lord. In Book iii. ch. ii., Of Frivileges, "Whoever enjoys the privilege of power, of life or limb on his servants, or ccclesiastical or civil patronage, or any other privilege granted by the king, shall use it, and shall not be deprived of it on account of abuse." 292 LAWS OF DELAWARE. Duties of Sheriffs, &c. 5. Punishment for rape of white woman-standing on pillory and cutting off both ears. 6, 7. Slaves forbid to carry arms; negroes forbid meeting in companies. 1721. An act against adultery and fornication.—Del. L., c. 44, sec. 5. Servant women having bastards-to serve another year. 9. Penalty on white women that shall bear mulatto children. The child to serve under appointment of county court, until the age of thirty-one years. (Repealed 1795, D. L., c. 71.) 10. Penalty on white men committing fornication with negro or mulatto women. (Fines and corporal punishment, for fornication and bastardy, abrogated, 1795, D. L., c. 108, s. 7.) 1739. An act imposing a duty on persons convicted of heinous crimes, and to prevent poor and impotent persons being imported, &c.-D. L., c. 66. An act for the better regulation of servants and slaves within this Government.-D. L., c. 77. Sec. 1. No indentured servant to be sold into another Government without the approbation of at least one justice, &c. 2. Nor assigned over unless before a justice. 3. Nor indentures taken, &c. 4-10. Police regulations regarding servants, similar to those of other colonies. 10. Whoever manumits a slave, to give security, &c. 11. The children of free negroes to be bound out if their parents do not maintain them. The remaining sections contain the ordinary police regulations for slaves. 1751. An act supplementary to the last.-D. L., c. 129. 1760. Another supplementary act, D. L., c. 170. Sec. 1. "Whereas the children of white women by negro or mulatto fathers, and the descendants of such children, and negroes entitled to their freedom, are frequently held and detained as servants or as slaves, by persons pretending to be their masters and mistresses, when they ought not by the laws of this government be so held and detained, and frequently are sold as slaves by such pretended masters or mistresses to persons who reside in other governments, with a fraudulent design to prevent their procuring proof of their being entitled to their freedom; and whereas the laws of this Government are defective in not pre LAWS OF NORTH CAROLINA. 293 scribing any mode for settling and determining in a short and summary manner the claim or right of any persons pretending to be entitled to their liberty." 2. Enacts that the courts of Common Pleas may, upon petition, summon the master or mistress and witnesses before them, and, "after hearing the proofs and allegations of the parties in a summary way," if they are satisfied that the person petitioning is entitled to freedom, shall discharge him or her from the service, &c. 3. Their judgment to be enforced by the Sheriff. 5. Provides a penalty for selling a free man "out of this Government." 1767. An act supplementary to the preceding.-D. L., c. 188. Preamble.-"Whereas it is found by experience, that free negroes and mulattoes are idle and slothful, and often prove burdensome to the neighborhood wherein they live, and are of evil example to slaves." Sec. 2. Restrains still further the manumission of slaves. 3. Provides punishment for a slave assaulting another slave. § 228. LEGISLATION OF NORTH CAROLINA. The first legislation having territorial extent within the limits of the present States of North and South Carolina, was derived from certain Lords Proprietary, under the charters of 1663 and 1665.1 Even before the year 1729, where the rights 1 The first permanent settlements were made by emigrants from Virginia and New England. (2 Banc., 131-136.) By the first charter, 1663, art. 5, the proprietaries had property in the soil and supreme legislative power "according to their best discretion and with the advice, assent and approbation of the freemen of the said province, or of the greater part of them, or of their delegates or deputies, whom for the enactment of the said laws, &c." the proprietaries were to assemble; "provided nevertheless that the said laws be consonant to reason, and as near as may be conveniently agreeable to the laws and customs of this our kingdom of England." Art. 7, "that all and singular the subjects and liege people of us, &c., transported or to be transported into the said province, and the children of them and of such as shall descend from them, there born, or hereafter to be born, be and shall be denizens and lieges of us, &c., of this our kingdom of England," &c., and that they shall " and enjoy" "all liberties, franchises and privileges of this our kingdom, &c." possess The charter of 1665 has similar clauses. 1 S. C. Statutes at Large, p. 24, 33. The proprietaries adopted John Locke's Constitution, March 1, 1669, of which the following articles are of interest, in connection with the history of slavery in America; though it may be doubted whether the constitution ever had the force of a law, not having been adopted by the local assembly. See 1 S. C. St. at L., p. 41; it was definitively abrogated in 1693. 1 R. S. of N. Car., Pref. vii. It provided: Art. 97. "But since the natives of that place, who will be concerned in our plantation, are utterly strangers to Christianity, whose idolatry, ignorance, or mistake 294 LAWS OF NORTH CAROLINA. of the proprietaries were finally ceded to the crown, the northern and southern portions of the territory constituted distinct jurisdictions, each having a separate legislative assembly. They became formally distinguished as North and South Carolina, in the year 1732. The legislative history of North Carolina begins with the year 1669.1 (2 Banc., 151.) According to Iredell's Laws of N. C., from which the following notes of statutes are taken, the date of the earliest extant laws is 1715, of which year's laws, c. 31—An act for the more effectual observing of the Queen's peace, &c., sec. 5, referring to the charter provision, states that disputes often arise how far the laws of England are in force; declares, "From thence it is manifest that the laws of England are the laws of this government, so far as they are compatible with our way of living and trade.” "That the common law is, and shall be in force," except as to the practice of courts, and that all English statutes for maintaining the rights of the crown, the established Church, "and all laws providing for the privileges of the people," and certain others, shall be in force. gives us no right to expel or use them ill; and those who remove from other parts to plant there will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be obtained amidst diversity of opinions, and our government and compact with all men may be duly and faithfully observed; the violation whereof, upon what pretence soever, cannot be without great offence to Almighty God, and great scandal to the true religion which we profess; and also that Jews, Heathens and other dissenters from the purity of the Christian religion may not be scared and kept at a distance from it, but by having an opportunity of acquainting themselves," &c. Art. 101. "No person above seventeen years of age shall have any benefit or protection of the law, or be capable of any place of profit or honor, who is not a member of some Church or profession, having his name recorded in some one, and but one religious record at once." Art. 107. "Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man's civil estate or right, it shall be lawful for slaves as well as others, to enter themselves, and be of what Church or profession any of them shall think best, and be as fully member as any freeman. But yet no slave shall hereby be exempted from that civil dominion his master hath over him, but be in all things in the same state and condition he was in before." Art. 110. "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever." For the early legislative history of the Carolinas, see Pref. vol. 1 of Rev. St. of North Car. Brevard's Observations. 1 S. C. Stat. at L. 425-429. At this time, according to 1 Williamson's Hist. of N. C., 122, n., “Taxables were every white male, aged sixteen years; and every slave, negro, mulatto or Indian, male or female, aged twelve years."-Comp. ante, p. 230. LAWS OF NORTH CAROLINA. 295 Ch. 45. An act concerning servants and slaves.—The title only is given in Iredell's L.; margin, " Rep. by act April 4, 1741, c. 24." Ch. 59. An act respecting Indians, of which sec. 5 enacts, that any white man injuring an Indian "shall make full satisfaction to the party injured, and shall suffer such other punishment as he should or ought to have done, had the offence been committed by an Englishman." Ch. 66. An act repealing all laws not specially re-enacted. 1720, c. 5.-An act explaining the act concerning servants and slaves, the title of which only is given by Iredell, and in margin, "Rep. by Ap. 1741, c. 24." 1723, c. 5.—An act for an additional tax on all free negroes, mulattos, mustees, and such persons, male or female, as now or hereafter shall be intermarried with any such persons resident in this government. The title only given; margin, Rep. by acts, 1741, c. 24: 1760, c. 2. 1741, c. 1. Act concerning marriages.—Sec. 13. That white persons intermarrying with any negro, mustee, or mulatto man or woman, or any person of mixt blood to the third generation, bond or free, "shall pay fifty pounds forfeit." c. 24. An act concerning servants and slaves, does not declare who are or shall be slaves; relates to treatment of indentured servants, and the police regulations for slaves most common in the various colonies. Sec. 18, provides for extension of the term of service of white servant women having bastard children; if by a negro, &c., such children shall be bound out until thirty-one years of age. 19. Mentions a peculiar class of servants imported, being tradesmen or workmen in some art, receiving wages, yet bound. 45. Such runaways may be declared outlawed, and thereupon lawfully killed by any person. 46. The conspiracy of three slaves made a felony. 56. That no negro or mulatto slaves shall be set free upon any pretence whatsoever, except for meritorious services, to be adjudged by the county court and license thereupon. 1749, c. 6. An act confirming, on revision, certain former acts, among which the acts of 1723 and 1741 above mentioned. 1753, c. 6. An additional act concerning servants and |