to have been repealed by R. S. of 1857, in which only the penalties on sheriffs, &c., for aiding in the arrest, &c., of persons claimed as fugitive slaves are retained. See R. S. c. 80, § 53.

1857, c. 53. An act declaring all slaves brought by their masters into this State free, and to punish any attempt to exercise authority over them. R. S. of 1857, c. 118, § 29.

$547. LEGISLATION OF THE STATE OF NEW HAMPSHIRE.'

1783. Constitution adopted; with Bill of Rights declaring Art. 1. "All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent and instituted for the general good." 2. "All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and, in a word, seeking and obtaining happiness." 3. "When men enter into a state of society they surrender up some of their natural rights to that society in order to ensure the protection of others; and without such an equivalent the surrender is void." 4. "Among the natural rights some are in their very nature inalienable, because no equivalent can be given or received for them. Of this kind are the rights of conscience." 12. "Every member of the community has a right to be protected by it in the enjoyment of his life, liberty, and property," &c. Other attributions of rights are made in language applying to all natural persons.

A new Constitution was adopted Sep. 5, 1792, with the same Bill of Rights. The only amendment thereafter was the abolition, in 1852, of certain property qualifications for office. See Compiled Laws of 1853.

There appears not to have been any action of the legislative department in reference to slavery. Its unlawfulness in New Hampshire must be caused by this Bill of Rights; or here, as in Massachusetts, it may be said that slavery was abolished by the Constitution.' 1792, Dec. 28, a militia law specifies white

1 1776, Sept. 11. An act to adopt and take the name, stile, and title of State in lieu of Colony in New Hampshire, enacted "by the council and assembly." Laws

ed. Exeter 1780.

A State Constitution proposed by a convention in 1779, was rejected by a vote of the people. Coll. N. H. Hist. Soc. p. 155.

'1 Hildreth Hist. U. S. 2d ser. 175. In the index to the N. H. Body of Laws, published 1792, the words negro, mulatto, Indian, slave, servant, are not found. The

persons as subject to enrollment. The law of 1857 makes no distinction.

1857.-An act to secure freedom and the rights of citizenship to persons in this State. Laws, c. 1955. Sec. 1. Enacts "that neither descent, near or remote, from a person of African blood, whether such person is or may have been a slave, nor color of skin, shall disqualify any person from becoming a citizen of this State, or deprive such person of the full rights and privileges of a citizen thereof. 2. Any slave who shall come or be brought into, or be in this State, with the consent of his master or mistress, or who shall come, or be brought into, or be in this State, involuntarily, shall be free. 3. Every person who shall hold, or attempt to hold in this State in slavery, or as a slave, any person of whatever color, class, or condition, in any form, or under any pretence, or for any length of time, shall be deemed guilty of felony, and on conviction thereof, shall be confined to hard labor for a term of not less than one, nor more than five years: Provided that the provisions of this section shall not apply to any act lawfully done by any officer of the United States, or other person in the execution of any legal process. 4. Section first, of chapter twenty-five of the Compiled Statutes shall not be so construed as in any case to deprive any person of color or of African descent, born within the limits of the United States and having the other requisite qualifications, from voting at any election; but such person shall have and exercise the right of suffrage as fully and lawfully as persons of the white race."

$548. LEGISLATION OF THE STATE OF VERMONT.'

1777, July 2. Constitution. Chap. I. is a declaration of

statutes on marriage make no distinctions founded on color. On the law of kidnapping, see State v. Rollins, 8 N. H. 550.

In the Rev. Statutes of 1842, ch. 223, and the Compiled Statutes of 1853, ch. 238,-Of fugitives from justice, the governor of the State is empowered to make the surrender of persons charged with crimes in other States.

Which provides that "every male inhabitant of each town, being a native or naturalized citizen of the United States, of the age," &c., &c.

For the history of the conflicting claims of New York and New Hampshire and the establishment of an independent State Government, see Vermont State Papers, 8vo. ed. 1823.

Established by Convention without being then submitted to the electors for ratification, see Vt. St. P. p. 241; but afterwards ratified, with some amendments in 1793; see note to Compiled Laws of 1850, p. 47.

the rights of the inhabitants of the State of Vermont. Art. 1. "That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty; acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law to serve any person, as a servant, slave, or apprentice, after he arrives at the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs or the like." Ch. II. Art. 18, gives the elective franchise without regard to color.

1779.—An act for securing the general privileges of the people, and establishing common law and the Constitution as part of the laws of this State. Recites in the language of the Massachusetts Fundamentals, concluding,-" or in case of the defect of such law in any particular case, by some plain rule warranted by the word of God."

"That all the people of the American States, within this State, whether they be inhabitants or not, shall enjoy the same justice and law that is general for this State, in all cases proper for the cognizance of the civil authority and courts of judicature in the same, and that without partiality or delay; and that no man's person shall be restrained," &c., &c.

"That common law, as it is generally practiced and understood in the New-England States, be and is hereby established as the common law of this State.

"That the Constitution of this State, as established by General Convention held at Windsor, July and December, 1777, together with and agreeable to such alterations and additions as shall be made in such Constitution agreeable to the 44th section in the plan of government, shall be forever considered held and maintained, as part of the laws of this State." Vt. State Papers, 288.

1786, Oct. 30.-An act to prevent the sale and transportation of negroes and mulattoes out of this State. Laws of 1787,

4to, p. 105. "Whereas by the Constitution of this State, all the subjects of this Commonwealth, of whatever color, are equally entitled to the inestimable blessings of freedom, unless they have forfeited the same by the commission of some crime, and the idea of slavery is expressly and totally exploded from our free government. And, whereas instances have happened of the former owners of negro slaves in this Commonwealth making sale of such persons as slaves, notwithstanding their being liberated by the Constitution, and attempts been made to transport such persons to foreign parts in open violation of the laws of the land," prohibits, under penalty in money for the benefit of the party. This act does not appear in the Digest of 1808. It appears to have been repealed with the revision of the laws at the admission of the State,' being supposed to conflict with the fugitive-slave provision. See Tyler, J., in Selectmen of Windsor v. Jacob, 2 Tyler's Vt. R. 199.

1797.-Nov. 4. An act adopting the common law of England and declaring that all persons shall be equally entitled to the benefit and privilege of law and justice. Dig. of 1808, p. 51. Sec. 1. Adopts the common law, so far as applicable, &c. 2. "All the citizens of the United States shall within this State, or Commonwealth, be equally entitled to the privileges of law and justice with the citizens of this State." 3. "That no person's body shall be restrained or imprisoned unless by authority of law." R. S. of 1840, p. 177.

1828. Constitution amended by the declaration,—“ No person who is not already a freeman of this State shall be entitled to exercise the privileges of a freeman, unless he be a natural born citizen of this or some one of the United States, or until he shall have been naturalized, agreeably to the acts of Congress."

1840, c. 8. An act to extend the right of trial by jury. Sec. 1. "Whenever an alleged fugitive from service or labor to which he is held under the laws of other States, shall have escaped into this State, the claim to the services of such alleged

1 Acts of Congress, Feb. 18, 1791. An act for the admission of the State of Vermont into this Union, 1 Stat. U. S. 191. 2 B. D. 193, and Mar. 2, 1791, an act giving effect to the Laws of the United States within the State of Vermont. 1 Stat. U. S. 197. 2 B. & D. 201.

fugitive, his identity and the fact of his having escaped from another of the United States into this State shall be determined by a jury." 2-4. Proceedings: and that on verdict for the claimant a certificate shall be granted. 5. If the verdict be against the claimant, the alleged fugitive shall not be again arrested on the same claim, and to remove him shall be kidnapping. 6. State's attorney to advise and assist the alleged fugitive. 7. Who shall have subpoenas at public expense. 8. Bond required of the claimant before making the arrest. 9, 10. To remove contrary to this act is made a misdemeanor; under penalty. 11. Declared not to apply to master and apprentice. This act is repealed by the act of 1843.

1843, c. 15. An act for the protection of personal liberty. Sec. 1. Courts and magistrates acting under the authority of the State are forbidden to act under sec. 3 of the act of Congress of Feb. 12, 1793. 2. Officers and citizens are prohibited from aiding in seizing, or detaining in any State or county jail, any person claimed as a fugitive slave. 3. Sheriffs, &c., forbidden to assist in the removal of any fugitive slave. 4, 5. Penalty on judge, sheriff, &c., for violation of these provisions, in a fine not exceeding $1,000, or imprisonment not exceeding five years. Proviso, that this shall not extend to judges, marshals, &c., of the United States. 6. Repeals the act of 1840.'

1850, c. 16. An act relating to the writ of habeas corpus, to persons claimed as fugitive slaves, and the right of trial by jury. Sec. 1 and 7. Enlarging the jurisdiction of the circuit judges. 2. State's attorneys directed to defend fugitive slaves. 3. Issuing of writ regulated. 4. All judicial and executive officers required to give notice to State's attorney of any expected arrest. 5. Appeal to county court from judge in vacation. 6. The court to allow a trial by jury of all facts at issue between the parties on application of either party.

These two statutes are in ch. 101 of Compiled Laws, entitled Rights of persons claimed as fugitive slaves.

1

By R. S. of 1840, p. 177, §§ 72–74; and Compiled St. of 1850, 232, §§ 17-19, any two justices of the peace may issue warrant to apprehend and convey to the State line, to be delivered up, a person against whom criminal process may have been issued in another State. No special power appears to have been given to the Executive.