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to the dictates of humanity and the principles of the Christian religion to inflict personal penalties on children for the offence of their parents," &c., repeals law for the servitude of the issue of certain "inordinate copulations." (See ante, laws of 1715, c. 44; 1728, c. 4.) Other sections contain regulations common in slaveholding States. The last enumerates and repeals several acts passed since 1783 on the subject. This has been, with many amendments, the leading statute. Supplemental are 1804-5, c. 90; 1805, c. 66, c. 80; 1806-7, 81; 1807, c. 164.

1801, c. 109. Slaves are allowed to give evidence against free negroes charged with stealing. Amends 1751, c. 14, s. 4; confirmed by 1808, c. 81. (By Code of 1860, Art. 36, §§ 1, 3, negroes, slaves or free, are competent against negro, &c.; but never against whites.)

1802-3, c. 96. Relating to runaway servants and slaves; amended, by 1810, c. 63; 1817, c. 112, so as to guard against negroes being sold for expenses when not claimed as slaves.

1804-5, c. 90. Punishing runaway negro servants for years by extending their time. (On runaways, see Code, art. 66, §§ 3-11.)

1805, c. 66. Restricts the issue of certificates of freedom. -, c. 80. To prevent free negroes selling corn, wheat, and tobacco without license.

1806, c. 56. To prohibit the immigration of free negroes. Such persons not leaving on notice may be sold for time to pay expenses; not to extend to negroes employed in navigating vessels, and wagoning. (See Code, art. 66, §§ 44, 51.)

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81. Negroes not to have guns, &c., and for apprehension of runaways; See 1833-4, c. 111; 1834-5, c. 160; and Code, art. 60, $22.

1808-9, c. 81. Suppl. to 1715, c. 44. Admits testimony of slaves in prosecution of free negroes.

1809, c. 83. Elective franchise restricted to "free white male citizens," (confirmed by 1810, c. 33.), c. 138 on crimes, &c., sec. 2, death penalty for slaves or whites with them raising rebellion; imprisonment for years, for conspiracy. 21. Value of slave, executed or imprisoned, to be paid. (A suppl. act of 1818-9, c. 197, substitutes whipping and transportation for

imprisonment. See also 1819-20, c. 159.)

c. 171. The

condition of the issue born of female slaves during limited servitude, to be slaves, if not otherwise regulated by the manumittor of the mother.'

1810, c. 15. Relating to manumissions and to protect slaves, who are such for a limited time, from being sold out of the State. See 1817, c. 112; 1824-5, c. 85, 171, of like purpose. -, c. 63. For the free discharge of negroes imprisoned as runaways, when not claimed, &c. See 1817, c. 112. 1814-5, c. 92. Repeals 1728, c. 4.

1817, c. 227. For the protection of owners in certain counties, also 1820-1, c. 88, containing ordinary provisions.

1818-9, c. 157. (Suppl. to 1809, c. 138.) Punishment for enticing slaves to run away. Suppl. is 1827-8, c. 15,; c. 208, limiting the use of jails by private owners.

1821, c. 240. Substitutes whipping as a punishment of slaves, instead of cropping the ears, as by 1723, c. 15.

1825-6, c. 93. Free negroes, instead of being imprisoned for crimes are to be whipped, or may be sold for slaves for term of years, to be taken from the State; by 1826-7, c. 229, 9, are to be imprisoned and then banished under penalty of being sold as slaves for term, &c.

1831-2, c. 281. An act relating to the people of color in this State, providing a board of managers, fund, &c., for the removal of free people of color to Liberia, in connection with the State Colonization Society. Suppl. are 1832-3, c. 145; c. 296, c. 316.

1831-2, c. 323. An act relating to free negroes and slaves. Forbids introduction of slaves, either for sale or residence, and the immigration of free negroes (see Code, art. 66, §§ 44, 51); imposes many disabilities on the resident free people of color, and contains provisions tending to their removal and to induce emigration to Liberia. This was the leading act, amended by laws of 1832-3, c. 40; c. 317, which combine the exceptions

1 See ante, p. 17, note 1.

2 From 1821 to 1826 Resolutions were yearly passed by the legislature on the grievance in the encouragement given in Pennsylvania to the escape of slaves.

It may be proper to observe here that the Am. Colonization Soc. is merely a private corporation under the law of the State.

to the prohibition against the introduction of slaves. Supplementary are, 1833-4, c. 87; c. 224; 1834-5, c. 75; c. 124; c. 284; 1835-6, c. 61, c. 200 s. 3, c. 325, c. 329; 1838-9, c. 69; 1839-40, c. 15, c. 35, c. 36, c. 38; 1841-2, c. 272, c. 323; 1842-3, c. 163, c. 213, c. 279, sec. 3, 4, c. 281; 1845-6, c. 94, c. 105, c. 153; 1846-7, c. 166, c. 355.

1833-4, c. 224. Extending the time of runaways, if slaves, for limited periods. Suppl. 1845, c. 105. See Patterson v. Crookshanks. 7 Gill, 211.

1835-6, c. 325. Makes the printing of papers calculated to excite and create discontent among the people of color a felony, and "high offence against the supremacy of this State."

1836-7, c. 150. Against the navigation of vessels under the sole command of negroes, &c., extended by law of 1837-8, c. 23, and of 1853, c. 446. See Code, Art. 66, sec. 67.

1838-9, c. 63. An act to provide for the recapture of fugitive slaves, enacts that the running away of a slave into any State or the District, shall be felony; on conviction, the slave to be sold, purchaser being bound to remove him. (Code, Art. 30, § 174, 175.) Sec. 4. "That on evidence of the escape it shall be the duty of the governor to demand such slave from the chief executive authority of any State or Territory into which such slave may have escaped." Re-enacted in substance, by law of 1847-8, c. 309. See case of Mark, in Rollin C. Hurd on Habeas Corpus, &c., p. 601, and post ch. xxv.

1841-2,' c. 272. Making it felony for a free negro “to call for, demand, or receive," abolition papers, &c., and makes it a duty of grand juries to examine the postmasters, &c.

1842-3,' c. 163. Supplementary to the last; authorizes

'The law 1836-7, c. 197, is An act to amend the Constitution and form of gov ernment of the State of Maryland, to be effectual if confirmed by the General Assembly after the next election. Sec. 26. That the relation of master and slave shall not be abolished except by a bill passed with certain formalities, "nor then, without full compensation to the master for the property of which he shall be thereby deprived."

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A report, with resolutions, of April 6, 1841, relates to the controversy between New York and Virginia respecting fugitives from justice, supporting the view of Virginia.

A resolution of Feb. 28, 1842, denies the power of Congress to abolish slavery in the District of Columbia; arguing from reservations made in the deeds of ces

justices to search any free negro or mulatto suspected of having "abolition papers," &c., "using as little violence to the feelings of such free negro or mulatto as is compatible," &c.

C.

281. An act to prohibit the formation and assemblage of secret societies of negroes. See Code, Art. 66, § 58-66; Art. 30, §§ 146-150.1

1845-6, c. 340. Recites that in case of slaves, "transportation or banishment is no adequate punishment for the higher grades of offences," &c.; enacts punishment as of other persons, reimbursement of owners, &c. Supplemental is, 1849-50, c. 124. But sale and transportation of negroes for crimes is restored by Code, Art. 30, §§ 194-200.

1846-7, c. 27. Removes the distinction made by sec. 2 of c. 13, of the act of 1717, between "persons professing the Christian religion and those not," &c., and enacts" that no negro or mulatto slave, free negro or mulatto, or any Indian slave or free Indian, natives of this or the neighboring States, be admitted and received as good and valid evidence in law in any matter or thing whatsoever that may hereafter be depending before any court of record or before any magistrate within this State, wherein any white person is concerned."

1849, c. 165. An act to repeal all laws prohibiting the introduction of slaves into this State,—with exception of slaves convicted for crimes. Penalties for bringing and buying such slaves. (See 1 Code of 1860, p. 450.) c. 296. Criminal law;

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new penalties for enticing slaves to run away.

1851, May. A new Constitution, adopted in Convention.' Decl. of Rights. Art. 1. Declares that "all government of right originates from the people, is founded on compact only," &c., and that the people have always the power to alter, &c.

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A resolution of Feb. 28, 1844, for application to Congress for a law making the rescue of fugitive slaves a criminal offence.

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Compare the alteration of the Constitution by the legislative act of 1837, c. 197. See opposite note 1.

Art. 21 of this Bill of Rights declares, “That no free man ought to be taken or imprisoned," &c., but "that nothing in this article shall be so construed as to prevent the legislature from passing all such laws for the government, regulation, and disposition of the free colored population of this State as they may deem necessary." Art. III. sec. 43, in the Constitution. "The legislature shall not pass any law abolishing the relation of master and slave as it now exists in this State."

Art. 5. "Every free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage." The Constitution, Art. I. sec. 1, limits the franchise to "free white male persons."

1854, c. 273. An act imposing restrictions on free negroes and their employers in their contract for service. See Code, Art. 66, 76–87.'

1858, c. 307. An act to prevent slaves from gaining their freedom in certain cases. Sec. 1. When freed under condition, under deed, or will,-condition must first be fulfilled. 2. To be manumitted only between certain ages. c. 356. An act to prevent free negroes and slaves from having or using boats on the Potomac river.

1860, c. 322. Amending the Code of Public General Laws. Art. 65, sec. 42-46. "By adding thereto certain new sections prohibiting manumission of negro slaves, and authorizing free negroes to renounce their freedom and become slaves." The children under five years of a woman making such choice are to be slaves; if above five years, to be bound out. See Code, art. 66, § 43. c. 232. A local act for the principal counties gives them power to accept more stringent regulations of free negrocs.

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$544. LEGISLATION OF THE DISTRICT OF COLUMBIA:
1790. An act for establishing the temporary and perma-

1 Burke v. Joe, 6 Gill & Johns. 136. In Maryland a negro is presumed to be a slave, and in suit for freedom must prove descent from free ancestor, or manumission. Also, Hall v. Mullin, 5 Har. & Johns. 190.

In this code, published 1860, no title Slaves appears. The law respecting slaves is under the title Negroes. Art. 66, Sec. 1, is worthy of note for its phraseology. "Negroes have been held in slavery as the property of their owners from the earliest settlement thereof, and are and may be hereafter held in slavery as the property of their owners; and every owner of such negro is entitled to his service and labor for the life of such negro, except in cases where such negro can show that, by the grant or devise of the owner, or some former owner of such negro, or his or her maternal ancestor, a shorter period of service has been prescribed.”

The legislative power of Congress is derived from the provision in Art. 1, sec. 8, of the constitution, "Congress shall have power ** to exercise exclusive jurisdiction in all cases whatsoever over such district, not exceeding ten miles square, as may, by cession of particular States and the acceptance of Congress, become the seat of government of the United States." The residue of the paragraph is," and to exercise like authority over all places purchased by the consent of the legisla

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