be deemed citizens of this Commonwealth." 12 Hen. 261.

c. 58. An act directing the method of trying slaves charged with treason or felony. Ib. 345.

1787, 12th S., c. 1. Revenue act, sec. 25, repeals poll tax on young slaves and on free white males. 12 Hen. 431. Other acts mentioning slaves as subject of poll tax in laws of 1784, see in 11 Hen. 93, 113, 418, 489. c. 37. Stealing or selling a free person for a slave, is made felony without clergy.

12 Hen. 531.

1788, c. 23. Repeals so much of the statute of 1723, c. 4, sec. 19, as declares killing a slave by correction to be manslaughter only. 12 Hen. 681.' -, c. 54, modifying the law against the importation of slaves, in favor of persons removing into that part of the State then known as Kentucky district.

1792-3, c. 41.' An act to reduce into one the several acts concerning slaves, free negroes and mulattoes. 1 Shepherd's continuation of Statutes at Large, 122. Sec. 43. "All negro and mulatto slaves, in all courts of judicature within this Commonwealth, shall be held, taken, and adjudged to be personal estate." (Compare law of 1748, c. 2, in vol. I., p. 243.) But the next section speaks of dower in slaves. (1 R. C. of 1819, p. 431.) c. 48. An act declaring, &c. Sec. 1, that all free persons born within the State are citizens. 1 Shep. 148. c. 67. An act reducing into one the several acts concerning servants. Ib. 179. ·

1793, c. 22. An act for regulating the police of towns and to restrain the practice of negroes going at large. 1 Shep. 238. Another act on this, 1807, c. 13. 3 Shep. 372. c. 23. An act to prevent the migration of free negroes and mulattoes into this Commonwealth. 1 Shep. 239. Directs that they be apprehended and sent out of the State.

1795, c. 11. An act to amend, &c., (i. e. the act of 1792, c. 41.) 1 Shep. 363. Preamble. "Whereas great and alarming mischiefs have arisen in other States of this Union, and are likely to arise in this, by voluntary associations of individuals who, under cover of effecting that justice towards

I See Souther's case (1851), 7 Grattan, 673.

"That the killing of outlawed slaves was not lawful after this date, sec 5 Tucker's Blackstone, 178, note.

persons unwarrantably held in slavery which the sovereignty and duty of society alone ought to afford, have in many instances been the means of depriving masters of their property in slaves, and in others occasioned them heavy expenses in tedious and unfounded law-suits, to the end that a plain and easy mode may be pointed out by law for the recovery of freedom where it is unjustly and illegally denied, and that all such practices may in future be made useless and punished." Sec. 1, 2. A person claiming to be "illegally detained as a slave in the possession of another," may make complaint to a magistrate who shall require bonds of the person detaining, and assign counsel, &c. 3. Penalty on any person aiding in the prosecution if the claim to freedom is not established. 4-6. Other amendments.

1796, c. 2. An amending act, 2 Shep. 19, makes it lawful for any citizen of the U. S. owning lands in the State, who may carry slaves into another State, to bring them back without incurring the penalties against importation, provided he had not sold or hired out such slaves, and provided always, "that if any such slave or slaves be entitled to freedom under the laws of that State to which he, she, or they may have been, or shall hereafter be removed, such right shall remain, anything in this act notwithstanding."

1797, c. 4. An amending act, 2 Shep. 77. Free persons convicted of exciting slaves to insurrection or murder shall suffer death. Penalty on harboring. Members of societies. for emancipating slaves disqualified for jurors in suits for freedom. Penalties on masters of vessels, &c. c. 23, contains a penalty against negroes, &c., bond or free; selling goods, &c. Ib. 94.

1798-9, c. 6. That stealing a slave shall be punishable, capitally. 2 Shep. 147.

1800, c. 43. Slaves under sentence of death may be transported out of the United States. 2 Shep. 279., c. 70, against slaves hiring themselves. Slaves admissible as witnesses against free negroes, &c. Free negroes to be registered; operation of registry. Ib. 300. Additional as to registry is 1802, c. 21. Ib. 417.

1801, c. 21. Against dealing with slaves on vessels. 2 Shep. 326.

1803, c. 97. An act authorizing the removal of slaves from the county of Alexandria, in the District of Columbia, into this Commonwealth. 3 Shep. 76, c. 119. Declaring what shall be unlawful meetings of slaves. 3 Shep. 108. Recites that it is a common practice "for slaves to assemble in considerable numbers, at meeting-houses and places of religious worship, in the nights, which if not restrained may be productive of considerable evil to the community;" provides for breaking up such and for punishment.

1804, c. 11. Amending the last general slave act. 3 Shep. 123. Sec. 1. Provides punishment by fine and imprisonment for carrying slaves out of the State without consent of owners. 2. That masters of vessels who, having slaves on board, shall sail out of the limits of the county, and persons traveling by land who shall protect or assist slaves, to prevent their being stopped, shall be within the act. 5. "That it shall not be lawful for the overseers of the poor who may hereafter bind out any black or mulatto orphan to require the master or mistress to teach such orphan reading, writing or arithmetic." 12. Amending and explaining the act of 1803, c. 119; it shall not prevent masters taking their slaves to places of religious worship conducted "by a regularly ordained or licensed white minister." Ib. 124.

c.

1805-6, c. 63. An amending act, 3 Shep. 251. Slaves, if brought into the State and kept therein more than one year, shall be forfeited and sold. Other penalty for bringing in slaves. Sec. 10. That if slaves thereafter emancipated shall remain in the State more than twelve months thereafter they shall forfeit the right to freedom and be sold. (Act of 1815-16, c. 24, provides how emancipated slaves may remain in the county or corporate town on obtaining certificates.) 94. An act regulating free negroes, 2 Shep. 274, prohibits their carrying fire-arms without license.

C.

1806, c. 12. Amending law of 1805, c. 63. 3 Shep. 290. Persons leaving the State with view to return may bring back

1 See Law of 1788.

their slaves; rule, where the master's lands extend over the State boundary. Owners in other States may employ slaves to bring in produce for sale. An act of 1811, c. 14, permits citizens and residents of the State to bring in slaves from other States &c., when acquired by marriage, inheritance or devise. 1807, c. 24. A penal law, declares felony punishable with death for slaves wilfully burning barn, stable, &c.

1812.—An amending act (c. 106 in suppl. ed. of 1802 to Coll. of 1808) permits residents or persons immigrating to bring their slaves born within the United States on condition of producing certificate, &c., and provided that they shall, within three months after the importation of any slave, "export a female slave, above the age of ten years and under the age of thirty, for every slave imported."

1819. A revised code,' c. 110, c. 111, relating to servants and slaves, and containing a digest of the earlier acts with modifications. c. 111, sec. 2, 3, permit the importation of slaves, born in any part of the United States, not convicted of crime. Code vol. 1, pp. 421, 422, where the earlier changes of legislative policy are noted. See code of 1849, p. 457.

1820, c. 32. An act making it "lawful to hire out free negroes and mulattoes for the payment of their taxes and levies." Code of '49, p. 468.

1822, c. 22. An act requiring an order of court for the sale of negro as runaway slave.

1823-4, c. 35. An act declaring penalty on free persons for enticing, &c., providing for search warrants, and that slaves may be confined by their masters in the county jail, &c. By act of 1828-9, c. 21, assisting slaves to escape is a misdemeanor punishable with imprisonment.

1824-5, c. 23. Rape of white by free negro, &c., punishable capitally. --, c. 45. Punishment of free negroes, &c., for larceny, by "stripes, sale, transportation, and banishment," and such person banished and returning shall suffer death as a felon. Act of 1827-8, c. 37, substitutes imprisonment in the

1 Ch. 162 of the same code, sec. 5, empowers the governor, on the demand for a fugitive from justice, accompanied by copy of the indictment, or an affidavit certified by the demanding executive to be genuine, to deliver, &c. See code of 1839, c. 60, and code of 1849, c. 17, §§ 10, 15,

State penitentiary for punishment by "stripes, transportation, and sale."

1826-7, c. 26, sec. 1-6. Giving remedy by attachment against the vessel where a party has cause of action against the master for carrying away slave, &c. 7, 8. Sale of emancipated slaves, for remaining in the State, to be decided on by the court instead of overseers of the poor.

1830. An amended Constitution. Bill of rights as before. By Art. III. sec. 14, the right of suffrage is limited to whites.

1830–1, c. 39. Amending the slave code. Sec. 3. Prohibits meetings for teaching free negroes or mulattoes reading or writing. 4. Penalty on whites for assembling with negroes for that purpose. 5. Penalty for assembling with slaves for such purpose, or teaching any slave for pay. (This, apparently, does not apply to the gratuitous instruction of slaves, nor prevent private instruction of free blacks by other persons of color.) Code of 1849, p. 747.

1832, c. 22. An amending act, contains new enactments against preaching by slaves and free negroes, and against slaves attending any preaching of a white minister, at night, without written permission. 3. "No free negro or mulatto shall hereafter be capable of purchasing or otherwise acquiring permanent ownership, except by descent, to any slave other than his or her husband, wife, or children." (Code of '49, p. 458.) 7. Punishment for writing or printing anything advising persons of color to rebel, &c. Code of 1849, p. 746.

1834, c. 68. Amending, prohibits the immigration of free negroes' and provides for corresponding precautionary and punitive measures, police regulations, &c. Code of 1849, p. 747.

1836, c. 66. An act to suppress the circulation of incendiary publications, and for other purposes, recites: "Whereas attempts have recently been made by certain abolition or anti-slavery societies, and evil disposed persons, being

According to the Richmond Enquirer, Feb. 21, 1855, Mr. William Church having been arrested for violating this law, by bringing back to the State the woman Sylvia, whom he had carried with him to New York, from Virginia, where she had been his slave-they having been in New York twelve months, the Mayor of Richmond discharged the prisoner on the ground that the woman was still a slave. Compare the proviso in the law of 1796, c. 2.