ant for life or a slave, and that all servitude for life or slavery of children to be born as aforesaid, in consequence of the condition of their mothers, be and the same is hereby taken away, extinguished, and forever abolished." 9. Children of slave mother, if she be held in slavery, to be supported by her owner until twenty-one years. 10. Children of other blacks supported by the towns. 11. Support of emancipated slaves.

1822. In the Revision, p. 441, the above is re-enacted with new sections 12, 13 (quære, added in 1804?), providing for appeals in these cases.

1843, May. A Constitution of the State adopted. Framed Nov. 1842.

Art. I. A declaration of rights and principles.' There is no attribution of liberty, &c., as inalienable and natural rights. Sec. 4. "Slavery shall not be permitted in this State." By Art. II. sec. 1, 2. Every male citizen of the United States, qualified by residence and property, without distinction of color, may hold the elective franchise.

1844. The Revision of this year, p. 342, in the Poor Law, sec. 1. Provides, notwithstanding the constitutional denial of slavery," that all persons who are holden in servitude or slavery who have not been emancipated according to the provisions of" the act on slaves in the Digest of 1822, shall be supported at the expense of "their owners" if they become chargeable.

1848. An act further to protect personal liberty. Pamphl. L. 714. Sec. 1. "That no judge of any court of record of this State and no justice of the peace shall hereafter take cognizance or grant a certificate in cases" arising under the law of Congress of 1793. 2. Forbids sheriffs or other officers of the State to arrest or detain in those cases. 3. Declares justices of the peace, sheriffs, &c., for violating this law, punishable by fine and imprisonment.

1 There is no declaration that all political power is derived from the people; but by Sec. I. "In the words of the Father of his Country, we declare that the basis of our political systems is the right of the people to make and alter their Constitutions of government; but that the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." A Constitution, under which Mr. Dorr claimed to be Governor, was proclaimed Jan. 1842. The controversy at that time, known as Dorr's rebellion, was occasioned by a general demand for an extension of the elective franchise. The question in fact was, Who are the people who may "make and alter"? See Luther v. Borden, 7 How. 1; VI. Webster's Works, 217.

1854. An amending act. Pamphl. L. 1100. Extends the provisions of this law to the law of Congress of 1850. Rev. St. of 1857, pp. 532–576.'

8551. LEGISLATION OF THE STATE OF NEW YORK.

1777.-First Constitution, Sec. 7. Prescribes the qualifications of electors,-every male inhabitant of full age, resident for six months in one of the counties, having certain freehold or other property qualification, or being "a freeman" of the cities of New York or Albany. 8. Electors to take oath of "allegiance to the State." 41. "That trial by jury, in all cases in which it hath heretofore been used in the colony of N. Y., shall be established and remain inviolate forever." 42. "That it shall be in the discretion of the legislature to naturalize all such persons as they shall think proper."

1781, c. 32. An act for raising regiments, &c. (1 Greenleaf's Laws, p. 42.) Sec. 6, provides for the manumission of slaves delivered by their owners to serve in such regiments, and a grant of land to the owner.

1786, c. 58. An act relating to confiscated estates. (1 Greenl. p. 278). Sec. 29, 30, declare the manumission of all negro slaves which may become the property of the State.

1787, c. 1. An act concerning the rights of the citizens of this State (1 Greenl. p. 287), contains thirteen articles. The

1

3

1R. S. ch. 223. Of fugitives from justice and protection of officers of adjoining States. Authorizes arrests by magistrates in view of demand on the executive; but there is no special grant of power to the latter.

2

1775, May 22,--Assembling of the Provincial Congress; 1776, July 9, the Congress at White Plains ratified the Declaration of Independence, and assumed the style of the Convention of the People of the State of New York. 1777, April 20, State Cons. adopted; see Journals, &c.; recites resolve of the Congress of the colony. May 31, 1776-" Whereas the present government of this colony, by Congress and committees, was instituted while the former government under the crown of G. B. existed in full force," &c.-that its object was temporary-its inconveniences-recites the recommendation of the General (Continental Congress, of May 10 and 15, 1776, to these colonies to adopt a form of government; the election of deputies to form a Constitutionfor the State, &c.-recites the Declaration of Independence, and its ratification by the State-that "By virtue of which several acts, declarations and proceedings mentioned and contained in the aforerecited resolves, or resolutions of the General Congress of the United American States, and of the congresses or conventions of this State, all power whatever therein hath reverted to the people thereof," &c., &c.

See Reviser's Reports and Notes, &c., in vol. 3 R. S. on Part I. c. 4, of R. S. entitled, Of the rights of the citizens and inhabitants of this State, and post, laws of this State, an. 1830.

2d-"That no citizen of this State shall be taken or imprisoned, or be disseized of his or her freehold or liberties, or free customs, or out-lawed, or exiled, or condemned, or otherwise destroyed, but by lawful judgment of his or her peers, or by due process of law." The 5th-"That no person, of what estate or condition soever, shall be taken or imprisoned, or disinherited or put to death, without being brought to answer by due process of law; and that no person shall be put out of his or her franchise, or freehold, or lose his or her life or limb, or goods and chattels, unless, he or she be duly brought to answer and be fore-judged of the same, by due course of law; and if anything be done contrary to the same, it shall be void in law, and holden for none." The 6th provides, "That writs and process shall be granted to all persons requiring the same." In the other articles the term "citizen" is used alone, except the last, where" citizens and inhabitants" is the expression.

1788, c. 13. An act concerning apprentices and servants. (In 2 Greenleaf, p. 26, but not in Webster's ed. of 1802.) Sec. 8. Continues indentures of persons coming from beyond sea. —, c. 40. An act concerning slaves. (2 Greenleaf, p. 85.) Sec. 1. Enacts that "every negro, mulatto, or mestee within this State who, at the time of the passing of this act, is a slave for his or her life, shall continue such for and during his or her life, unless he or she shall be manumitted or set free in the manner prescribed in and by this act, or in and by some future law of this State." 2. Enacts that "the children of every negro, mulatto, or mestee woman, being a slave, shall follow the state and condition of the mother, and be esteemed, reputed, taken and adjudged slaves to all intents and purposes whatsoever." 3. That "the baptizing of any negro or other slave shall not be deemed, adjudged, or taken to be a manumission of such slave." 4. That any person selling a slave brought into this State after the first day of June, 1785, shall forfeit 1007.; " and further, that every person so imported or brought into this State, and sold, contrary to the true intent and meaning of this act, shall be free." 5. That any person buying or receiving a slave with intent to remove such slave out of this State, to be sold, shall forfeit 1007., and such slave

shall be free. 15, 16. Relate to the manumission of slaves. The other sections contain re-enactments of police regulations.

1790, c. 28. (2 Greenl. 312.) Amending the above act, by two sections respecting transportation of criminal slaves and manumission cases.

1798, c. 27. This confirms former manumissions made by Quakers and others, not in conformity with statute law.

1799, c. 62. An act for the gradual abolition of slavery. Provides "that any child born of a slave within this State after the fourth day of July next, shall be deemed and adjudged to be born free. Provided, nevertheless, that such child shall be the servant of the legal proprietor of his or her mother until such servant, if a male, shall arrive at the age of twenty-eight years; and if a female, at the age of twenty-five years; that such proprietor, &c., shall be entitled to the service of such child until he or she shall arrive to the age aforesaid, in the same manner as if such child had been bound to service by the overseers of the poor." Remainder, prescribing certain duties on the part of the masters, allows them to abandon their right to such service, and permits emancipation of all slaves by their

owners.

1801, c. 188. An act concerning slaves and servants. Sec. 1. Enacts that slaves shall continue such: baptism no manumission. 2. Permitting manumission; fixing liability of master. 3. Quaker manumissions. 4. That no slave shall hereafter be imported or brought into this State, unless the person importing or bringing such slave shall intend to reside, shall have resided elsewhere, and have, for a year before, owned such. Every slave otherwise brought in shall be free. 5. Penalty on persons selling slaves brought into State. 6. Penalty for attempting to export a slave. 7. Non-residents may travel in the State with slaves. Citizens may take away slaves on journeys; must return with them. Persons removing may take away slaves, &c. 8, 9, 10. Re-enacts the law of 1799 in terms somewhat different. 11-20. Various ordinary police. regulations.

1 See on the interpretation of this provision Sable v. Hitchcock, 2 Johns. Cases, 79. See Kent, J., ib. p. 85, holding that slaves in New York were then property; and in Fish v. Fisher, ib. 89.

1802, c. 52, and 1804, c. 40. Amending the above act in respect to maintenance of pauper children of slaves, and the abandonment of children of slaves. 1807, c. 77. Amending the same; limiting still farther the power of residents to carry away slaves.

1808, c. 96. An act to prevent the kidnapping of free people of color, has no reference to fugitive slaves.

1809, c. 44. An act to enable, &c. Enables manumitted slaves to take "by descent, devise, or otherwise;" that all marriages contracted where a party or parties "was, were, or may be slaves," shall be valid, and the children legitimate. Sec. 3 facilitates manumission.'

Sec. 1. Forbids

1810, c. 115. Additional to act of 1801. importation of slaves by persons coming to reside-nine months' stay to be accounted as residence. 2. Reciting an evasion, provides that no indenture for service made by a person before held as a slave in another State shall be valid here. 3. Requires masters of slaves to be freed at twenty-one years to teach them to read. c. 193. An act for various purposes. Sec. 23. Authorizes emigrants, from Virginia and Maryland into counties named, to hire out their slaves for seven years or less.

1811, c. 201. An act to prevent frauds, &c., and slaves from voting. Sec. 3-7. Requiring production of certificates of freedom from blacks or mulattoes offering to vote.

1813, c. 203. An act for various purposes. Sec. 29. Amends the act of 1801, § 4, in respect to slaves belonging to persons resident near the State boundary, and owning and occupying lands in the adjoining State.

In the revision of the statutes known as Revised Laws of 1813, 2d vol. pp. 201-209, 247, the former statutes on this subject are re-enacted.

1814, c. 18. An act to authorize the raising of two regiments of men of color. Sec. 3. All the commissioned officers to be white men. 6. Slaves may, with the consent of owners, be enlisted, and when discharged shall be deemed manumit

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1 Jackson v. Lervey, 5 Cowen, 397, where the operation of this statute is examined.