Slave Code: 1860 District of Columbia Slave Code

Slave-Code

for

The District

of

Columbia

Slaves -

A slave is a human being, who is by law deprived of his or her liberty for life, and is the property of another.

A slave has no political rights and generally has no civil rights.

When the fact of slavery is clear, the nature of the relation of master and slave admits of no modification; nor will courts either of law or equity lend aid to the attempts of individuals to ingraft upon it new and incongruous features. A slave cannot become partially free. The law recognizes only freedom on the one side and slavery on the other; and there is no intermediate Status. See Maria vs Surbaugh, 2 Rand. 228. -

Where a negro girl was given by will, on the terms that she was to be held not as a bound slave, but under the care and tuition of the legatee, with an allowance of wages; and that her children if she had any, were to come under the same regulation after they paid for their raising, their labor to be equally divided amongst all the testator's children if they chose to employ them, the bequest was adjudged void.

Wynn vs Carroll, 2 Grat. 227. And for another fruitless attempt of the kind, see Rucker's. Adm vs Gilbert, 3 Leigh, 8. -

So on the other hand, where a deed emancipating a female slave contained a reservation to the master and his heirs of an absolute right to all her after-born children, it was held that such reservation was void, and that both the woman and her children were unconditionally free. -

Fulton vs Shaw, 4 Rand. 597. If partial payment have been made to the owner of a slave for the purpose of buying his freedom, the owner continues entitled to all the services of the slave, with full power of alienation; and one who purchases from him, on condition to emancipate on receipt of the residue of the slave's value, is entitled to all the slave's services until payment of such residue. - Francois vs Lebrano, 10 Rob. (La.) 450. Coffee vs Castillon 5 Mart. 496. It is a well established principle that *partus sequitur ventrem. - The status of the mother is the status of the child. -*

A free negro of the African race, whose ancestors were brought to this Country and sold as slaves is not a "citizen" within the meaning of the Constitution of the United States. Dred Scott vs. Sanford, 19 How. 393.

When the Constitution was adopted they were not regarded in any of the States as members of the community which constituted the state, and were not numbered among its "people or citizens". Consequently, the special rights and immunities guarantied to citizens do not apply to them. - And not being "citizens" within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit. Ibid . -

The only two clauses in the Constitution which point to this race, treat them as persons whom it was morally lawful to deal in as articles of property and to hold as slaves. Ibid . - A State, by its laws passed since the adoption of the Constitution, may

put a foreigner or any other description of persons upon a footing with its own citizens, as to all the rights and privileges enjoyed by them within its dominion and by its laws. But that will not make him a citizen of the United States, nor entitle him to sue in its courts, nor to any of the privileges and immunities of a citizen in another State . Ibid . —

The plaintiff, having admitted, by his demurrer to the plea in abatement, that his ancestors were imported from Africa and sold as slaves, he is not a citizen of the State of Missouri according to the Constitution of the United States, and was not entitled to sue in that character in the Circuit Court. Ibid. If, therefore, the facts he states do not give him or his family a right to freedom, the plaintiff is still a slave, and not entitled to sue as a "citizen", and the judgement of the Circuit Court was erroneous on that ground also, without any reference to the plea in abatement . Ibid . —

The plaintiff himself acquired no title to freedom by being taken, by his owners, to Rock Island, in Illinois, and brought back to Missouri. This court has heretofore decided that the status or condition of a person of African descent depended on the laws of the State in which he resided . Ibid . - See American Law Register vol. 6, 238. and authorities there cited .

Servants and Slaves

III. And every such person as aforesaid as shall transport or convey away, out of this province any servant or servants, being servants here by condition for wages, indenture, or custom of the country, shall be liable to pay and satisfy unto the master or owner of such servant or servants so carried away, all such damages as he or they shall make appear to be justly due to such master or owner, for want of such servants, as the court before whom such cause shall be tried shall think fit. Act Feb? 1715. ch. 19. -

V. That whatsoever person or persons shall from henceforth entice, transport, or secretly carry or send away out of this province, any apprentice, or other servants or slaves belonging to any inhabitant in this province, shall, for every such offence, forfeit and pay to the employer or owner of such apprentice, or other servant or slave, treble damages and costs, to be adjudged by the justices of each respective county court, or the justices of the provincial court, for the time of such apprentices, or other servants or slaves, unlawfully being transported or carried away as aforesaid . See the act of 1753 ch. 9. - 1748, ch. 19. p. - 1793.ch. 45.p. 1780, ch. 24. p. —

That from and after the publication hereof, no servant or servants whatsoever, within this province, whether by indenture, or according to the custom of the country, or hired for wages, shall travel by land or water ten miles from the house of his, her or their master, mistress or dame, without a note under their hands, or under the hand of his or their overseer, if any be, under the penalty of being taken for a runaway, and to suffer such penalties as are hereafter provided against runaways . — §II. See Ch 44, 1715

III. That any servant or servants, unlawfully absenting him, her, or themselves from his, her or their said master, mistress, dame or overseer, shall make such satisfaction by servitude, or otherwise, at the discretion of the justices of the county court where such runaway servant did dwell, not exceeding ten days service for any one day's absence, with such reasonable cost for his, her or their taking up, as the court shall think fit, be it before or after the expiration of such servants first time of servitude by indenture or otherwise . idem.

IV. That any person or persons whatsoever, that shall wittingly or willingly entertain any such servant or slave unlawfully absenting him, her or themselves as aforesaid, shall be fined five hundred pounds of tobacco for every (a) night, or twenty-four hours, that such person or persons shall give such entertainment as aforesaid, the one half to his majesty, his heirs and successors, for the support of government, and the other half to the informer, or him or them that shall sue for the same, to be recovered in any county court of this province by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law to be allowed . idem

(a) By 1748, ch. 19. persons wittingly or willingly entertaining any servants or slaves, unlawfully absenting, etc. or permitting them to be about their houses or plantations, for one hour or longer, shall forfeit 100 lb. tobacco for each hour, etc. and persons unable to pay the penalty, are punishable by whipping, and shall give security for good behaviour, &c. also servants or slaves so offending may be whipped. whipping (except slaves) abolished.

V. That if any free negro or mulatto shall harbour or entertain any such servant or slave as aforesaid, in every such case, he or they so offending shall forfeit and pay as aforesaid, for every such offence, the sum of one thousand pounds of tobacco, the one half to our Sovereign Lord the King, his heirs and successors, for the use of the free-schools, the other half to the party grieved, to be recovered as aforesaid; and if any such offending negro or mulatto hath not an estate sufficient wherewith immediately to satisfy and pay such penalty as aforesaid, it shall and may be lawful for the justices before whom such matter is tried to order satisfaction, by servitude or otherwise, as they shall seem meet. ch44. 1715

See 1727, ch 2. -

VII. That all and every such person or persons as aforesaid, seizing or taking up such runaways, travelling without passes as aforesaid not being able to give a sufficient account of themselves as aforesaid, shall have and receive two hundred pounds of tobacco, to be paid by the owner of such runaway servant, negro or slave, so apprehended and taken up; and if such suspected runaway or runaways be not servants, and refuse to pay the same, he, she or they, shall make satisfaction by servitude, or otherwise, as the justices of the provincial and county courts where such person shall be so apprehended and taken up shall think fit. - ch 49. 1715.

IX. That at what time soever any of the said persons, runaways, shall be seized by any person or persons within this province, such person or persons so apprehending or seizing the same, shall bring, or cause him, her or them, to be brought before the next magistrate, or justice of the county where such runaway is apprehended, who is hereby empowered to take into custody, or otherwise him, her or them, to secure and dispose of, as he shall think fit, until such person or persons, so seized and apprehended, shall give good and sufficient security to answer the premises the next court that shall first ensue in the said county; which court shall secure such person or persons till he or they can make satisfaction to the party that shall so apprehend or seize such runaways, or other persons, as by this act is required, except such person shall make satisfaction as aforesaid before such court shall happen; and that notice may be conveniently given to the master, mistress, dame, or overseer of runaways taken up as aforesaid, the commissioners of the counties shall forthwith cause a note of the runaway's name, so seized and apprehended as aforesaid, to be set up at the next adjacent county courts, and at the provincial court and secretary's office, that all persons may view the same, an see where such their servants are and in whose custody. -

Sec. 11. That no person whatsoever shall trade, barter, commerce, or any way deal with any servant, whether hired, or indented, or slave, belonging or appertaining to any inhabitant within this province, without leave or license first had and obtained from such servant's master, mistress, dame or overseer, for his so doing, under the penalty of two thousand pounds of tobacco, the one half thereof to his majesty, his heirs and successors, for the support of government the other half to the master, mistress, or true owners of such goods so purloined, bartered or conveyed away, when proved by sufficient witness, or confession of the party, to be recovered in any court of record of this province by action of debt, bill, plaint or information, wherein no efsoin, protection or wager of law to be allowed. -

Sec. 12. That if the goods so traded or bartered for as aforesaid shall exceed the sum of one thousand pounds of tobacco, then the party, or parties, whose goods shall be embezzled or bartered away, as aforesaid, shall have his action at law for the damages sustained against the person or persons so offending, dealing or bartering for the same, any thing in this act to the contrary notwithstanding. -

Sec. 13. And, in case such person or persons so offending shall not be able to satisfy the same, then such person or persons shall be bound over by some one justice of the peace, and put in security, either to appear at the next provincial or county court, where, upon conviction, by confession or sufficient witness, the offender shall be punished by whipping on the bare back with thirty stripes (except slaves) abolished. See Bland v. negro Dowling 9. G. & Johnson 27, Hall v. Mullen 5 H. & Johnson 190. -

Though no statute upon the subject existed, it would seem to be a necessary incident to slavery that, on the supposition that a slave can contract, at all, the consent of the master, express or implied, must be requisite to enable a slave to bind either a third party or himself by a contract. This seems to have been taken for granted in a case decided in the year 1802, in the court of common Pleas in England; where the binding force, after emancipation, of an agreement entered into by a slave, with the consent of his master, was established, so far as the authority of that case goes. Williams v. Brown 3 B. & P. 69 Lord Alvanly C. J., dissentiente. The emancipation of the slave was there connected with his contract, and formed the consideration for it - But see Crease v. Parker, 1. Cr. C. C 448 & 506- See also Cockshot v Bennett. 2. T. R. 763 Butler- v. Rhodes, Peak's N. P. 238; - Esp. N. P. 163; Co Lit. 118, 119 (b) Resp. N. P. 158; 2 Esp. cases 628. -

How it is with a contract which does not relate to emancipation is evidently a different matter. In a state where slaves were declared by law incapable of making any kind of contract, a suit was brought to recover the amount of a promissory note given by the defendants to a slave of the plaintiff's; the court, in considering the case, held that although the slave could neither bind herself, because she was without will, nor enter into any contract binding on her master, without special authority from him, yet it did not follow that the master could not claim the benefit of an engagement made in favor of his slave by a person capable of contracting; and the action was maintained. Livandais v. Fon, 3 Mart. 161. But see Contra, Gregg v. Thompson 2 South Car. Const. R. 330; Cooper's Justinian, 416 in notes.

A slave cannot enter into any binding contract with his master. Negro Fanny v Kell 2 cr. C, C. 412. Brown v. Wingland 2 cr. C, C. 300. Henry v. Nunn's Heirs, 11 B. Mon. 239; Bland v. Negro Dowling, 9 G & Johns 19; Williams v. Brown, 3 Bl & Rig. contee v. Garner. 2 cr. c.c. 162 nor can he, while yet a slave, appear as a suitor in a court either of law or equity, to enforce any alleged contract against any person. - Bland v Negro Dowling, 9 G. & John. 19; Dred Scott v Sanford 19 How. 393. He cannot take by descent; Cunningham v Cunningham, Cam. Nov. 353; Bynum v. Bostick, 4 Des. 266; nor by purchase, unless freedom accompany the gift of property. Bynum v. Bostick, 4 Des. 266; Hinds v. Brazealle, 2 How. (Miss) 837; Cunningham v. Cunningham, Cam & Nov. 353; Hall v. Mullin, 5 H. Johns. 190. -

A bequest to a free person, in trust for him is void. Cunningham v. Cunningham, Cam & Nov 353; Hinds v. Brazealle, 2 How 837; Brandon v. Planters Bank; 1 Stew (Ala.) 320; Bynum v. Bostick, 4 Des 266. -

It seems to have been held that a party who has dealt with a slave as free is afterwards estopped from setting up his slavery in avoidance of the contract thus entered into; Groung v. abat, 4 Louis R. 17; but there is room for much doubt as to the nature and extent of this estoppel -

As we have seen, it is a general principle that a slave cannot contract with his master. - Hettitas v. Fleet, 7 Johns 324; Tom's case, 5 Johns. 365. It was once held that no contract by the master with a third person for the slave's benefit could be enforced; Beall v. Joseph, Hardin, 51; but the better opinion seems to be that a contract of that kind, made for consideration, is valid, - Poydras v. Mourain. 9 Louis. R. 305, and specific performance may be enforced in equity by the party with whom it is made. - Thompson v. Wilmot, 1 Bibb, 422. -

Another question of much interest is whether a slave can take by gift, or executed contract, and, if he can take whether the property in the chattel given passes instantaneously to his master, or remains in him, subject to his disposal until specific appropriation by the master. See Hall v. Mullen, v. H Johns 190.

In Alabama, where a slave who had found lost property delivered it to the defendant, it was held that the master of the slave might maintain trover; on the ground that the possession of a slave is the possession of his master, and that the special property as finder having been vested in the plaintiff by the act of his slave in taking possession of the lost parcel, could not be devested by any after act of the slave. - Brandon v. Planters Bank, 1 Stew.(Ala.) 320; Voisin v. Cloutier 3 Louis. 170. -

While it is true in a general sense that all that a slave possesses belongs to his master, the law, as well as usage seems to recognize that slaves in this country, as in ancient Rome, may have certain private property which their masters cannot appropriate. Such property is called the slave's peculium. This term is defined to be the sum of money or portion of movable goods of which the master of a slave has thought fit to allow him the enjoyment. Notwithstanding the peculium thus depends originally upon the license, or grant and license, of the master, it would appear (though we speak very doubtfully upon this point.-) that a revocation of the license does not devest the peculium acquired under it. It has been held in South Carolina that if the master of a negro permit him to hire himself out, upon condition of paying him certain stipulated wages, all he makes and saves beyond such wages shall be at his own disposal. Guardian of Sally v Beaty, 1 Bay 260.

XX. That for all such runaway servants or slaves that shall be apprehended and taken up in the province of Pennsylvania, or colony of Virginia, and from thence brought into this province, and delivered to a magistrate of the county into which they shall be brought, the person, for so doing, shall have paid and allowed him, by the master or owner of such runaways, four hundred pounds of tobacco and cask, or forty shillings in money, upon his producing a certificate from the justice or sheriff of the delivery of such runaways, except servants or runaways brought from Accomacke [Accomack County, Virginia] into Somerset county [Somerset County, Maryland], for such only two hundred pounds of tobacco, or twenty shillings, and the like from that side of Virginia next the river Potowmack [Potomac]; for which said sum or sums paid, such runaways shall make satisfaction when free, by service or otherwise, besides what shall be adjudged as a recompence for the absence of such servant as aforesaid, as the court shall adjudge; but if such person, so apprehended, brought and delivered as aforesaid, be a free man, and refuse to pay such sum or sums of tobacco or money, then and in such case the magistrate before whom he or she shall be brought shall forthwith commit the said person so refusing to prison, till he or she give sufficient security, or make full satisfaction by servitude or otherwise. Act 1715 ch. 44

XXI. That if any master or mistress of any servant whatsoever, or overseer by order or consent of any such master or mistress, shall deny, and not provide sufficient meal, drink lodging and cloathing, or shall unreasonably burthen them beyond their strength with labour, or debar them of their necessary rest and sleep, or excessively beat and abuse them, or shall give them above ten lashes for any one offence, the same being sufficiently proved before the justices of the county courts, the said justices have hereby full power and authority for the first and second offence to levy such fine upon such offender as to them shall seem meet, not exceeding one thousand pounds of tobacco, to the use of his majesty, his heirs and successors, for the support of government, and for the third offence, to set such servant so wronged at liberty, and free from servitude; but in case the master or owner of any such servant shall think that he or they deserve greater correction, then the said master or owner of such servant or servants shall or may carry them before any justice of the peace, who hearing the complaint, shall order such correction as he shall see fit, not exceeding thirty-nine lashes for any one offence.

See pages 663 64 &c - (paged at bottom right hand)

Sec. 23.

§ XXIII. And, forasmuch as many people have neglected to baptize their negroes, or suffer them to be baptized, on a vain apprehension that negroes, by receiving the sacrament of baptism, are thereby manumitted + set free; But hereby further declared and enacted, by and with the authority advice and consent aforesaid, That no negro &c.

XXII. That all negroes and other slaves already imported, or hereafter to be imported into this province, and all children now born, or hereafter to be born, of such negroes and slaves, shall be slaves during their natural lives. Chap. 44 * Compare §11 page 64 where when the word "negro" is written in whole or in other letters

XXIII. That no negro or negroes, by receiving the holy sacrament of baptism is thereby manumitted or set free, nor hath any right or title to freedom or manumission, more than he or they had before; any law, usage or custom to the contrary notwithstanding.

XXIV. That all ministers, pastors and magistrates, or other persons whatsoever, who, according to the laws of this province, do usually join people in marriage, shall not, upon any pretence, join in marriage any negro whatsoever, or mulatto slave with any white person, on the penalty of five thousand pounds of tobacco, the one half to his majesty, his heirs and succesors, for the use of free schools, the other half to the informer, or him or them that shall sue for the same, to be recovered in any court of record of this province by action of debt, bill plaint or information, wherein no essoin, protection or wager of law to be allowed.

By the act of 1717. ch 13. Section 4. any free negro or mulatto intermarrying with any white person shall become a slave for life, excepting mulattoes born of white women, who shall only become servants for seven years; and any white man or women intermarrying with any negro or mulatto, shall become a servant for seven years, to be disposed of at the discretion of the county court, and applied towards the support of the county school.

Marriage of slaves with slaves vide generally, Par. on contracts, 341; 2 Kent's Com. 88; State v Samuel, 2 Dev. & Batt. 177, 181. See Hall v Mullin, 5 Har, & Johns. 193; and Jackson v Terry, 5 Con. 397. Girod v Lewis, 6 Mart, 557.

XXV. That any white woman, whether free or a servant, that shall suffer herself to be got with child by a negro or other slave, or free negro, such woman, so begot with child as aforesaid, if free, shall become a servant for and during the term of seven years; if a servant, shall finish her time of servitude, together with the damage that shall accrue to such person to whom she is a servant, by occasion of any child or children begotten as aforesaid in the time of her servitude as aforesaid, and after such satisfaction made, shall again become a servant for and during the term of seven years aforesaid.

XXVI. And if such begetter of such child as aforesaid be a free negro, he shall become a servant for and during the term of seven years as aforesaid, to be adjudged by the justices of the county court where such fact is committed, according to this law, in the clause made and provided against such servants as have bastards; (and the issues or children of such unnatural and inordinate copulations, shall be servants until they arrive at the age of one and thirty years.)

XXVII. And any white man that shall beget any negro woman with child, whether free woman or servant, shall undergo the same penalties as white women; all which times of servitude, by this act imposed upon the persons having so offended, to be disposed of or employed as the justices of such county shall think fit, the produce whereof shall be appropriated towards defraying the county charge.

By 1728, ch. 4, free mulatto women, and their bastard issue, shall be subject to the same penalties as white women (and their issue are) for having mulatto bastards, by the three preceeding sections; and free negro women having bastards by white men, and their issue, shall be subject to the same penalties; and the proceedings thereon to be the same as above prescribed.

So much of the 26th and 27th sections as relates to the issue of the inordinate copulations mentioned in them, and in the 25th section, was repealed by 1790, ch. 9, (which is since repealed,) and also by 1796, ch 67, in both which acts the rights of any persons to such issue before acquired was saved.

So much of the 2d and 3d sections of the act of 1728, ch. 4, as relates to the issue therein mentioned, was repealed by the same acts, and with the same saving.

XXVIII. That any servant woman having a bastard child, and not able sufficiently to prove the party charged to be the begetter of such child, in every such case the mother of such child shall be liable to satisfy the damage so sustained, by the servitude or otherwise, as the court before whom such matter is brought shall see convenient.

XXIX. That where the mother of any such child as aforesaid do prove her charge, by sufficient testimony of witnesses, confession of the party charged, or pregnant circumstances, agreeing with her declaration in her extremity of her pains or throws of travail, and her oath taken by some magistrate before the time of her delivery of every such bastard child, or after her delivery, then the party charged, if a servant, shall satisfy half the said damage, if a free man, shall satisfy the whole damage by servitude or otherwise, as the court before whom such matter is brought as aforesaid, shall think fit; but if the said free man cannot be brought to justice, then and in every such case she shall make the same satisfaction as if she could not prove the begetter as aforesaid; and if any such mother as aforesaid be able to prove, by such testimony, or confession of the party charged, that he being a single person and a free man, did before the begetting of such child, promise her marriage, that then he shall be at his choice, either to perform his promise to her, or recompence her abuse according as the court before whom such matter is brought shall adjudge. - See 1781. ch. 13 and supplements thereof.

Sec. 30 That after the end of this session of assembly, it shall and may be lawful for the provincial and county courts of this province to hear and determine any complaints between masters and servants, by way of petition, to give judgment and award execution upon the same; and that, upon appeal or writ of error brought upon the same from any county court of this province to the provincial court, or from the provincial court to the governor and council, no such judgment shall be reversed for want of judicial process, or that the same was not tried by a jury, or any matter of form either in the entry or giving judgment; provided that it appears by the record that the defendant was legally summoned, and not condemned unheard.

Petitions for freedom are now regulated by 1796, ch. 67, sec. 21, 22, 23, 24, 25, 26, 27. -

Sec. 31. That if any matter of dispute arises concerning servants imported into this province, or any servant that binds himself for years within this province, or any bound out by the county courts of this province, in relation to their indentures, contracts or wages, or any other matter of difference between the said master and servant, the same shall be tried, heard and determined, by petition as aforesaid, any law, statute or usage to the contrary notwithstanding. -

Sec. 32. That no negro or other slave within this province shall be permitted to carry any gun, or any other offensive weapon, from off their master's land, without license from their said master; and if any negro or other slave shall presume so to do, he shall be liable to be carried before a justice of peace, and be whipped, and his gun or other offensive weapon shall be forfeited to him that shall seize the same and carry such negro so offending before a justice of the peace. - Sub. sec. 5. 6. 1831.

Sec. 33. That from and after the end of this session of assembly, any servant or servants whatsoever within this province, that shall feloniously take or purloin his or their master, mistress, or dame's goods or chattels, under the value of one thousand pounds of tobacco, shall be adjudged felony, and being thereof lawfully convict in any county court of this province, shall be adjudged to pay four times the value of such goods so purloined, to his or their master, mistress or dame, which he, she or they shall make good by servitude, after the expiration of their first time of service, and shall also suffer such pains of whipping or pilloring as the justices before whom such matter is brought shall adjudge.

II. That no negro or mulatto slave, free negro, or mulatto born of a white woman, during his time of servitude by law, or any Indian slave, or free Indian natives, of this or the neighbouring provinces, be admitted and received as good and valid evidence in law, in any matter or thing whatsoever depending before any court of record, or before any magistrate within this province, where any christian white person is concerned. Stat Dec. May 1717 ch 13. A free mulatto born of a white woman, is a competent witness against a white man. Munchin. v. Docker, 1 cr. c.c. 370 - Quere whether a free colored man is a competent witness in a case between white persons. - (1) Neale vs Wills, 2 cr. c.c. 108. A slave cannot be a witness if a free white person be a party. Thomas v. Jameson 1 cr. c.c. 91.

III. Where other sufficient evidence is wanting against any negro or mulatto slaves, free negro, or mulatto born of a white woman, during their servitude by law, or against any Indian native of this or the neighbouring provinces, in such a case the testimony of any negro or mulatto slave, free negro, mulatto born of a white woman, or Indian native of this or the neighbouring provinces, may be heard and received as evidence, according to the discretion of the several courts of record, or magistrate, before whom such a matter or thing against such negro, mulatto slave &c. shall depend, provided such evidence or testimony do not extend to the depriving them, or any of them, of life or member. - See 1728, ch. 4. -

Manumitted slaves are competent witnesses for or against a free mulatto in Washington county. United States v. Barton, 1 Cr. c.c 132. A slave is not a competent witness for a free mulatto upon a public prosecution. United States v. Nancy Swann. - 1 Cr. c.c. 148.

Slaves are competent witnesses for free negroes indicted for assault and battery. United States v. Negro Jerry, 1 ch. C. C. R38. A slave is a competent witness for a free black man in a criminal prosecution. United States v. Shorter, 1 Cr. c.c 371

A slave is not a competent witness against a free black person in a capital case; but free blacks, unless they are in a state of servitude by law, are competent witnesses against free blacks. United States v. Butler, 2 Cr. c.c. 75.-

A slave is not a competent witness against a free mulatto not in a state of "servitude by law," in a prosecution for larceny in Washington county, D.C. unless at the discretion of the court, under the circumstances stated in the Act of Maryland of 1717, c 13, and then the slave should not be forced or permitted to testify against her Mother. -United States v. Charity Gray, 3 Cr. c.c. 681. -

Sec. 4 - That if any negro, or mulatto, slave, or mulatto born of a white woman, during the time of his service by law, or Indian slave, shall hereafter be convicted of any capital crime, for which they shall suffer death, the court before whom they shall be convicted, shall immediately upon such conviction, value such negro, or mulatto slave, or mulatto born of a white woman, before the expiration of their service appointed by law in tobacco and (a) three fourths of their value to be allowed in the public levy, to be paid to the owner or owners of such negro, or mulatto slave, or mulatto born of a white woman.

- (a) By 1737 ch. 2 sections 5 and 6 the whole value of every slave so convicted, shall be paid to the owner by the public treasurer, on certificate of the sheriff. -See also 1751 ch. 14 section 4 & 12. See United States v negro Patrick 2 cr. c.c. 66. -

Sec. 5.- That if any free negro or mulatto intermarry with any white woman, or if any white man shall intermarry with any negro or mulatto woman, such negro or mulatto shall become a slave during life, excepting mulattoes born of white women, who for such intermarriage shall only become servants for seven years, to be disposed of as the justices of the county court where such marriage so happens shall think fit, to be applied by them towards the support of a public school within the said county, and any white man or white woman who shall intermarry as aforesaid with any negro or mulatto, such white man or white woman shall become servants during the term of seven years, and shall be disposed of by the justices as aforesaid, and be applied to the uses aforesaid. -

Sec. 6. - That whensoever any negro, Indian or mulatto slave, shall hereafter be charged with any pilfering, or stealing, or any other crime or misdemeanor whereof the county court might have cognizance, it shall and may be lawful for any one of the justices of the provincial or county courts, upon complaint made before him, to cause such negro, Indian or mulatto slave, so offending, to be brought immediately before him, or any other justice of peace for the county where such offence is committed, who upon due proof made against any such negro or mulatto slave, of any of the crimes as aforesaid, such justice is hereby authorized and empowered to award and cause to be inflicted, according to the nature of the crime, such punishment by whipping, as he shall think fit, not exceeding forty lashes. - Act De 1719 ch. 2.

This court has no jurisdiction to try a slave for larceny in Washington county; but will quash the indictment, and send the slave to a justice of the peace to be tried. By consent of parties, the Courts will try the issue whether slave or not. - United States v. Souder, cr. c.c. 103; United States v Negro Jack. - Ibid 44.

II. That from and after the end of this present session of assembly, every sheriff that now hath, or hereafter shall have, committed into his custody, any runaway servants or slaves, after one month's notice given to the master or owner thereof, of their being in his custody, if living in this province, or two months notice, if living in any of the neighbouring provinces; if such master or owner of such servants or slaves do not appear within the time limited as aforesaid, and pay, or secure to be paid, all such imprisonment fees due to such sheriff, from the time of the commitment of such servants or slaves, and also such other charges, fees or reward, as have accrued or become due to any person for taking up such run-away servants or slaves, such sheriff is hereby authorised and required (such time limited as aforesaid, being expired,) immediately to give public notice to all persons, by setting up notes at the church and court-house doors of the county where such servant or slave is in custody, of the time and place for sale of such servants or slaves by him to be appointed, not less than ten days after such time limited as aforesaid being expired, and at such time and place by him appointed as aforesaid, to proceed to sell and dispose of such servant or slave to the highest bidder, and out of the money or tobacco which such servant or slave is sold for, to pay himself all such imprisonment fees as are his just due for the time he has kept such servant or slave in his custody, and also to pay such other charges, fees or reward, as has become due to any person for taking up such runaway servant or slave, and after such payments made, if any residue shall remain of the money or tobacco such servant or slave was sold for, such sheriff shall only be accountable to the master or owner of such servant or slave for such residue or remainder as aforesaid, and not otherwise.

III. And, In case any sheriff, or the buyer of such servant or slave, or others concerned in the execution of this act, shall be sued by any person or persons for any matter or thing done, or to be done, in pursuance hereof, it shall and may be lawful for every such person or persons so sued to plead the general issue, and give this act and the special matter in evidence, and in case of nonsuit, discontinuance, or verdict against the plaintiff, the court shall award double costs of suit.

A warrant of commitment of a person as a runaway, is not sufficient, unless it state on its face that the party has been convicted of being a runaway servant or slave. It is not sufficient to state in the warrant that the party is "charged with being a runaway" William Richardson's case, v Cr. c. c. 338 Quare Whether the old laws of Maryland respecting runaways are applicable to this part of the District of Columbia ? Ibid - 4 Cr. C. C. 489. - Act 1723 ch. 15.-

Sec. 2 That the justices of the several and respective county courts within this province be and they are hereby empowered and required, immediately after the publication of this act, and so yearly in November court to appoint the constable of every hundred, where the said justices, at their discretion, shall think proper and expedient, to suppress the assembling and tumultuous meeting of negroes and other slaves; and that every constable so to be appointed, shall be obliged to repair once a month to all suspected places within his hundred, and if at any such place he shall find any negroes or other slaves, besides the negroes or other slaves belonging to the owner of such place, not having a license under their owner or overseer's hand, that it shall and may be lawful for the constable, and he is by this act required, to whip every such negro on the bare back, at his discretion, not exceeding thirty-nine stripes.-

III. That it may be lawful for the constable to require as many persons as may be necessary to repair with him to such places, and that every person that shall be so required and shall refuse, shall forfeit one hundred pounds of tobacco, to be recovered and applied as hereafter expressed, and all white persons (being free) that shall be present, shall aid and assist such constable, on pain of forfeiting one hundred pounds of tobacco to the lord proprietor, one half to the use of the county, and the other to the informer, on being convict by the oath of the constable, or other lawful witness, or confession of the party before any magistrate; and that all negroes and other slaves, belonging to the owner of the place where such assembly shall be, if required, shall aid and assist the constable in putting this act in execution, on pain of being whipped each of them with thirty-nine stripes on the bare back.

IV. That every constable that shall be appointed to put this act in execution shall be allowed five hundred pounds of tobacco in the county levy; and if it shall so happen at any time, that any negro or other slave shall strike any white person, it shall and may be lawful upon proof made thereof, either by the oath of the party so struck, or otherwise, before any justice of the peace, for such justice to cause one of the negro's or other slave's ears so offending to be cropt.-

V. That the owner of any plantation or plantations, that shall at any time discover any strange negro or other slaves upon any of their plantations, unless they are sent by their owners on lawful occasions, and shall warn such negroes or other slaves to be gone home to their masters or owners, any negroes or other slaves refusing or delaying so to do, it shall and may be lawful for the owner of such plantation to correct such negro by whipping, not exceeding thirty-nine lashes; and any person that shall willingly encourage any negro or other slaves to meet in companies on their plantations, unless on lawful occasions, shall forfeit and pay for every such offence one thousand pounds of tobacco to the use aforesaid, to be recovered as aforesaid.

VI. That any master or owner of any negro or other slaves, that shall suffer any such slaves to them belonging to keep any horses or mares, or to raise any cattle or hogs, as the proper right of such slaves, the master or owner of such slaves shall forfeit and pay five hundred pounds of tobacco, to be recovered and applied as aforesaid, and also all such horses and mares, cattle and hogs, shall likewise be forfeited, one half to the informer, the other half to be applied as aforesaid.

VII. That whereas many negroes and other slaves absent themselves from their masters service, and run out into the woods, and there remain killing and destroying of hogs and cattle belonging unto the people of this province; if that such negro or negroes, or other slaves so out-lying as aforesaid, shall refuse to surrender themselves, making resistance against such persons as pursue to apprehend and take them up, being thereunto legally empowered, it shall be lawful to and for such pursuers, upon such resistance made, to (a) shoot, kill and destroy such negro or negroes, or other slave as aforesaid.

(a) by 1751 ch. 14, section 9. persons so killing any slave are indemnified from prosecution; the slave so killed is to be valued and the value paid to the owner; and by 1753. ch 25, persons so killing any slave shall undergo a trial, but on pleading the general issue, and acquittal thereon, the public shall pay the costs of the prosecution. - Act de Oct 1727 ch. 2.

Sec. 2. That from and after the end of this present session of assembly, it shall and may be lawful to and for the several and respective officers within this province, to whom any fees shall arise due on any prosecution of the lord proprietary against any servants that shall be imported into this province, at any time after the end of this session, to charge the same to, and recover the same from, the masters or owners of such servants, in the same manner as if they arose due from, and were the proper debts of, the masters or owners themselves, as by other laws are provided; and that it shall not be lawful for any officer, or other person, to charge the public or any county, for any fees that shall arise due on the prosecution of any such servants as aforesaid, any law, statute, usage or custom to the contrary in anywise notwithstanding.

III. That it shall and may be lawful to and for the owners of such servants (unless the offence whereof he, she or they shall be convicted, be capital, and that the offender or offenders are actually executed for the same) at or before the time of the expiration of such servants servitude, to carry such servant to the country court held for their county, and on their making it fully appear to the justices of such court how much tobacco hath been paid by them for such servant, on account of such prosecutions, it shall and may be lawful for the justices of such court, and they are hereby required, to adjudge what time (not exceeding three years,) they shall think reasonable, to serve the owner in recompence to such fees paid as aforesaid, unless such servant can make payment thereof in some other manner.

IV. That all masters and owners of women servants having bastard children, shall be obliged to maintain such bastard children at his or their own proper cost and charge, during the continuance of such servant woman in his or their service.

V. Provided that it shall and may be lawful for the justices of the county courts where such bastard child or children shall be born, to adjudge the mother or mothers of such bastard child or children, where the father is unknown or incapable to make any satisfaction, to make her or their master or owners full satisfaction and recompence by servitude, or otherwise, for maintaining and supporting such bastard child or children, any law, usage or custom to the contrary notwithstanding. Act de? 1728, ch. 4. Sec. 2.

That from and after the end of this present session of assembly, that all such free mulatto women, having bastard children either within or after the time of their service, (and their issue,) shall be subject to the same penalties that white women and their issue are, for having mulatto bastards, by the act entitled, An Act relating to servants and slaves.

III. That from and after the end of this present session of assembly, that all free negro women, having bastard children by white men, (and their issue,) shall be subject to the same penalties that white women are, by the act aforesaid, for having bastards by negro men.

By 1796, ch 67, sec 14, so much of this act as imposes servitude on the issue, is repealed.

IV That the same method of proceeding to judgment, upon any matter within this act, be the same as is prescribed by the act entitled, An act relating to servants and slaves. Act de July 1729. ch. 4.

That when any negro, or other slave, shall be convicted, by confession, or verdict of a jury, of any petit treason or murder, or wilfully burning of dwelling houses, it shall and may be lawful for the justices before whom such conviction shall be, to give judgment against such negro, or other slave, to have the right hand cut off, to be hanged in the usual manner, the head severed from the body, the body divided into four quarters, and head and quarters set up in the most public places of the county where such fact was committed. - Act 10th July, 1729. ch. 4.

Sec 3. That if any person or persons shall after the end of this session of assembly, break into any shop, storehouse or warehouse, although such shop, store house or warehouse be not contiguous to or used with any mansion-house, and steal from thence any goods, to the value of five shillings, and be thereof convict, by confession, or verdict of a jury, such offender or offenders shall suffer death as felons, without benefit of clergy, any law, usage or custom to the contrary notwithstanding. This section is not now in force except as to slaves. See act of cong. 2nd Mar. 1831, 4 stat. 448.

Sec 2. That if any person or persons, after the end of this session of assembly, shall wittingly or willingly entertain any servant or servants slave or slaves, unlawfully absenting him, her or themselves from his, her or their master, owner or overseer, or permit or suffer them to be about their houses or plantations, during the space of one hour, or longer, such person or persons so entertaining such servant or servants, slave or slaves, or permitting or suffering them to be about their houses or plantations, shall forfeit and pay at the rate of one hundred pounds of tobacco for every hour each servant or slave shall be by him, her or them, so entertained, or permitted or suffered to be about his, her or their house or plantation as aforesaid, to be recovered in a summary way before a single magistrate, with costs, if the penalty does not exceed six hundred pounds of tobacco, and if it does exceed six hundred pounds of tobacco, then to be recovered by action of debt, bill of indictment, plaint or information, in the county court where the offence shall be committed, wherein no essoin, protection wager of law, or above one imparlance, shall be allowed, the one half whereof shall be applied to the use of the public school of the county wherein such forfeitures shall happen, and the other half to the party grieved, provided he or she shall prosecute for the same within three months next after the offence committed, otherwise to the informer, or him or them who shall sue for the same, provided such suit be commenced within twelve months after such offence committed. - 1748 ch 19

III. That if it shall appear to any magistrate before whom any conviction for breach of this act shall be had, that the offender is unable to pay or give good security for the penalty aforesaid, it shall and may be lawful for such magistrate to punish such offender, by whipping on the bare back with such number of stripes, not exceeding thirty nine for any such offence, as to him shall seem meet, and to require security for the good behaviour of such offender for and during the term of six months then next following whipping (except slaves) abolished. -

IV. That if any servant or slave shall willingly or willingly harbour or entertain any other servant or servants, slave or slaves, unlawfully absent from his, her or their master, owner or overseer, for and during the space of one hour, or longer, it shall and may be lawful for any magistrate, and he is hereby required upon complaint to him made, immediately to issue his warrant against such servant or slave so harbouring or entertaining, as aforesaid, and upon satisfactory proof of such harbouring or entertaining, to punish the offender or offenders, by whipping with such number of stripes on the bare back as to him shall seem proper, not exceeding thirty nine for any one offence. - Act de st 1750 ch. 5.

That from and after the end of this session of assembly, where any servant or servants now imported, or which hereafter shall be imported into this province, shall by his, her or their evil doings or actions, commit such offence or offences, where by the laws they subject him, her or themselves to imprisonment, that in such case such servant or servants shall, and he, she or they, are hereby obliged to serve the master or masters, mistress or mistresses of such servant or servants, day for day, and no more, such master or masters, mistress or mistresses, shall lose of his, her or their service, by such imprisonment. -

II. That if by the evil doing or actions of such servant or servants, he, she or they, shall be fined for the breach of the peace, or any law of this province at any time after the end of this session, and that the master or masters, mistress or mistresses of such servant or servants pay such fine, such servant or servants shall make satisfaction by service, or otherwise, at the expiration of their just time of servitude, for such fine or fines.

III. That the several and respective justices of the several and respective county courts within this province, where the case shall happen, shall and they are hereby obliged and directed to hear and determine any dispute that may arise between the master or masters, mistress or mistresses, and such servant or servants, in relation to the cases herein before mentioned, and to adjudge according to the directions of this act herein before mentioned. -

That if any slave or slaves shall at any time consult, advise, conspire or attempt to raise any insurrection within this province, or to murder or poison any person or persons whatsoever, or to commit a rape upon any white woman, or to burn any house or houses, and be thereof convict by confession or verdict, or who shall of malice stand mute, or peremptorily challenge above the number of twenty jurors, shall suffer death, as in cases of felony, without benefit of clergy. - See U.S. vs. negro Patrick, 2 Cr. c.c. 66.

III. That any slave who shall attempt to burn any dwelling house, or out house contiguous to, or used with, any dwelling-house, or any other house wherein there shall be any person or persons, or any goods, merchandizes, tobacco, Indian corn or other grain or fodder, and shall be thereof convict, as aforesaid, shall suffer death as a felon, without benefit of clergy.

IV. That every slave committing any of the felonies herein before mentioned, or any other offence which may by law subject such slave to the pains of death, shall be committed to the sheriff of the county where the offence shall be committed, and that at the next assizes, or county court, which shall first happen, to be held for the county where the offence shall be committed, the justices of assize, or either of them, or county court, which shall first happen, shall and may, by virtue of this act, try every such offender or offenders according to law, and upon the conviction of the offender or offenders, upon his, her or their voluntary confession, or the verdict of a jury, upon the testimony of one or more legal or credible witness or witnesses, or even the testimony or the evidence of other slaves corroborated with such pregnant circumstances as shall convince and satisfy the jury who shall try the fact of the guilt of such slave or slaves, to give judgment according to the nature and quality of the offence.

V. That any slave or slaves who shall give any false testimony against any slave or slaves who shall be prosecuted as aforesaid, and shall be thereof legally convict, shall have one ear cut off on the day of his or her conviction, and receive thirty-nine stripes on the bare back, and that the other ear shall be cropped the next day, and the like number of stripes given the offender on his or her bare back.

VI. And, to the end that such slave or slaves Witnesses to as shall be produced as a witness or witness be admonished es against other slave or slaves may be deterred from giving false testimony, Be it enacted, That the justices of assize, or either of them, then sitting, or the justice of the county court who shall preside, shall admonish and charge such witness or witnesses to declare the truth, the whole truth, and nothing but the truth, and acquaint him, her or them, with the danger and consequence of giving false testimony.

VII. That when any slave shall be condemned to suffer death, that such slave shall be valued by the justices of assize, or either of them then present, or county court, according to the best of their knowledge, which said whole value shall be paid by the treasurer of the respective shore on which such execution shall be, on the certificate of such sheriff, out of the public stock of this province in the hands of such treasurer, without fee or reward to the master or owner of such slave, in case the said slave be actually executed. See U.S. vs. negro Patrick. 2 Cr. c.c. 66

VIII. That where any slave shall be guilty of rambling, riding, or going abroad in the night, or riding horses in the day time without leave, or running away, it shall and may be lawful for the justices of the county court, and they are hereby obliged, upon the application or complaint of the master or owner of such slave, or to his, her or their order, or on the application or complaint of any other person who shall be any ways damnified or injured by such slave, immediately such slave to punish by whipping, cropping or branding in the cheek with the letter R, or otherwise, not extending to life or to render such slave unfit for labour.

IX. That if any slave shall happen to be slain for refusing to surrender him or herself, contrary to law, or in unlawful resisting any officer, or other person, who shall apprehend or endeavour to apprehend such slave or slaves, and such officer, or other person, so killing such slave as aforesaid making resistance, shall be, and he is by this act, indemnified from any(a) prosecution for such killing aforesaid; and that in every such case such slave or slaves shall be valued by two reputable persons, not being of kin to the master or owner of such slave, upon oath to be administered unto them, and to be appointed by the then nearest magistrate, "well and truly to value what such slave was worth, to the best of their knowledge, without favour or partiality;" and that the whole value of such slave or slaves shall be certified by such persons to such magistrate, and that the same shall be paid to the owner or owners of such slave or slaves, or to his, her or their order, by the treasurer of the respective shore of this province on which the same death happened, upon a certificate from the said magistrate of the death and value of such slave or slaves, out of the public stock of this province in the hands of such treasurer, without fee or reward.

(a) By 1753 ch. 25. the persons so killing shall not hereby be exempted from undergoing a legal trial, but if it appear upon evidence, that such killing was done in the lawful execution of this act, then such person shall not only be acquitted, but also the public of this province shall pay all the costs and charges of such prosecution.

X. That if any free person shall entice and persuade any slave within this province to run away, and who shall actually run away from the master, owner or overseer, and be convicted thereof, by confession, or verdict, of a jury upon an indictment or information, shall forfeit and pay the full value of such slave to the master or owner of such slave, to be levied by execution on the goods, chattels, lands or tenements of the offender, and in case of inability to pay the same, shall suffer one year's imprisonment without bail or mainprise; and that if any white servant shall entice or persuade any such slave to run away, and who shall actually run away, that the offender shall, after the expiration of his time of servitude, become a servant to the master or owner of such slave for and during the term of four years, or satisfy and pay to the master or owner the value of such slave, to be adjudged, in either case, at the trial, by the court before whom the fact shall be tried, and that the fact may be tried either in the county where the offence shall be committed, or where the offender or offenders shall be taken or apprehended. See U.S. vs. negro Farley, 2 Cr. c.c. 246; U.S. v. Prout 4 cr.cc. 301 —

XII. That where any money shall be paid by virtue of any act or acts of this province for any slave or slaves who shall die in gaol after sentence, or shall be executed, It is hereby declared and enacted, That such payment shall be made for such slave or slaves who were actual inhabitants within this province at the time such fact committed, and not otherwise.

III. That no master of a vessel coming into this province, and entering to trade therein, shall suffer any slave or slaves, servant or servants, to frequent his or their vessel or vessels, or come on board or conceal such servant or servants, or slave or slaves, on board such his or their ship or vessel, or ships or other vessels; and in case any servant or servants, slave or slaves, shall be kept or concealed on board any ship or ships, vessel or vessels, coming into and trading within this province, for the space of one hour or longer, the master or commander of such ship or vessel shall forfeit and pay at the rate of twenty shillings current money, for every hour each servant or slave shall be suffered to frequent his or their vessel, or be kept or concealed on board his or their vessel, to the party owning such servant or slave, or servants or slaves, the same to be recovered in a summary way before one justice of the peace, with costs. — Act Oct 1753. ch. 9. —

IV. That it shall and may be lawful for any master or commander of any ship or vessel coming into or trading within this province to hire any servant or slave, servants or slaves, from any inhabitant within this province, to work on board such his or their ship and vessel, or ships and vessels, any thing in this act contained to the contrary thereof in anywise notwithstanding. — 1753 ch. 26

Sec. 2. That nothing in the above recited act contained shall be construed to indemnify any officer or other person killing any slave or slaves resisting or refusing to surrender, from undergoing a legal trial; any thing contained in the said act to the contrary notwithstanding, but that it shall and may be lawful for any person, upon his or her trial for killing any slave or slaves, to give this, and the above recited act, in evidence, upon not guilty pleaded; and if it shall appear upon the evidence, that such killing as aforesaid was done in the lawful execution, and in pursuance of the aforesaid act, that then such person or persons so killing as aforesaid in pursuance and in the lawful execution of the aforesaid act, shall be acquitted and discharged thereof, and from all penalties, forfeitures and punishments for such killing as aforesaid. 1751 ch. 14 Sec. 9 —

III That where any person or persons shall be prosecuted for killing a slave or slaves resisting, as by the said act, entitled, An act for the more effectual punishing of negroes and other slaves, and for taking away the benefit of clergy from certain offenders, and a supplementary act to an act, entitled, An act to prevent the tumultuous meetings and other irregularities of negroes and other slaves, that then and in such case the public of this province shall pay such person or persons all his costs and charges which he or they shall be at by means of any such prosecution. — Act Dec 1792 ch. 72. —

Sec. 2. That it be the duty of the several and respective sheriffs, and they are hereby required and directed, upon any runaway being committed to their custody, to cause the same to be advertised in some public news-paper within twenty days after such commitment, and to make particular and minute description of the person, cloaths, and any bodily marks, of such runaway. —

Sec. 3. That if no person shall apply for such runaway within the space of thirty days from such commitment, then it shall be the duty of such sheriff, if residing on the western shore, to cause the said runaway to be advertised, as heretofore directed, in the Maryland Journal and George-town Weekly Ledger, and if residing on the eastern shore, to cause the same to be advertised in the Maryland Herald and Maryland Journal within sixty days from such commitment; and to continue the same therein until the said runaway is released by due course of law. —

IV. That if any sheriff shall refuse or neglect to comply with the directions of this act, he shall, for every such refusal or neglect, forfeit and pay the sum of twenty pounds current money to the owner of such runaway. —

Sec. I. That it shall not be lawful, from and after the passage of this act, to import or bring into this state, by land or water, any negro, mulatto or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be the property of the person or persons so importing or bringing such slave within this state, and shall be free. - etc 1796 ch 67

II. That it shall and may be lawful for any citizen or citizens of the United States, who shall come into this state with a bona fide intention of settling therein, to import or bring into this state, at the time of his or her removal into this state, or within one year thereafter, any slave or slaves the property of such citizen at the time of his or her said removal, which slave or slaves, or the mother or mothers of which slave or slaves, shall have been resident of the United States, or some [one] of them, three whole years next preceding such removal, and the same to retain as slaves.

By 1797, ch. 15, this privilege is extended to the executors or administrators of such persons dying within one year after removal, for one year after such death, and is further extended to the issue of such slaves born after the removal of the person so dying; also to guardians of infants entitled on such person dying within one year after removal, and to male infants so entitled after the age of twenty-one and to female infants after the age of sixteen, in the same manner, and to include the issue, as in the case of executors.

III. That nothing herein contained shall be construed to enable any person or persons, so removing as aforesaid, to sell or dispose of any slave or slaves imported by virtue of this act, or their increase, unless such person or persons shall have resided within this state three whole years next preceding such sale, except in cases of disposition by last will and testament, and dispositions by law for bona fide debts, or consequent upon intestacy.

A slave coming from Virginia into Maryland more than a year after his master, and sold, is entitled to freedom under the law of Maryland, 1796, c. 67. Negro Moses vs. Dunahoo, 1 Cr. c. c. 370.

If a slave escape from his master in Virginia and be found in Washington, D.C. and there sold by his master, the slave does not thereby acquire a right to freedom. Negro Emanuel vs. Ball, 2 Cr. c.c. 101.

A slave does not acquire a right to freedom by being sent from Washington to Virginia for sale, and, not being sold, brought back, after eight or nine months absence. Negro Violetta vs. Ball, Ibid. 102.

A slave brought into the county of Washington, D.C. from Maryland, by his owner, and within three years thereafter mortgaged for his full value, does not thereby acquire a right to freedom. Negro Sam Bias vs. Rose, Ibid. 159.

If a citizen of the United States owning a slave in Virginia, and residing there, remove to the county of Washington, D.C. with a bona fide intention of settling therein; and afterwards cause the said slave to be brought into that county through the county of Alexandria within one year after such removal; and if the owner, within three years after such removal, sell the said slave, he thereby becomes entitled to freedom, notwithstanding the acts of Congress of May 3d, 1802, 54, and June 12th, 1812, s 9, the said slave having been in Alexandria county merely in transitu. Negro Leonard Dunbar v. Ball Ibid. 261.

To obtain freedom under the Maryland act of 1796 c. 67, the slave must have been imported for sale or to reside. Negro William Jordan v. Sawyer, Ibid. 373.

A slave, imported into the county of Washington, D.C. for sale, and sold within three years after such importation, is entitled to freedom, although the object and intention of both purchaser and seller were that the slave so purchased should be carried forthwith out of the District of Columbia by the purchaser. Ibid.

A Virginia slave is not entitled to freedom under the Maryland act of 1796, ch. 67, by being hired to a resident of the county of Washington for a limited period. Negro Vincent Gardner v. Simpson, Ibid. 405.

A slave carried from Washington, D.C. to Virginia by her owner for a temporary residence only, and brought back to Washington, and there sold to a resident of Washington, does not thereby become entitled to freedom under the Maryland act of 1796, c. 67 Negro Amelia vs. Caldwell, Ibid. 418. - Negro Fanny v. Tippett, Ibid. 463.

If a slave be not brought into the county of Washington for sale, nor to reside permanently, he is not entitled to freedom under the Maryland Act of 1796 c. 67, Negro Louisa vs. Mason, 3 Cr. C. C. 294.

If a citizen of Virginia, the owner of a slave there, who had resided there three whole years, remove into the county of Washington with a bona fide intention to settle therein, and if he brings his slave with him at the time of his removal, or within one year thereafter, to reside in that said county, such importation is not contrary to law; but the sale of such slave, in the said county, within three years after such importation may entitle him to his freedom. Negro John Battles vs Thomas Miller, Ibid. 296; Maria vs White 3 Cr. c.c. 663.

The right of a citizen of the United States to import a slave into the county of Washington, District of Columbia, under the 2d section of the Maryland act of 1796, ch. 67, is forfeited by the sale of the slave within three years after the importation. Negro Christopher Harris vs. Nelly Alexander, 4 Cr. c.c 1; Negro Thomas Butler v. Duvall 4 Cr. c.c. 167; Negro Mary and child vs. Talburt, 4 Cr. c.c. 187.

A citizen and resident of Virginia, commenced bona fide removing his furniture and family to Washington D.C. in November, 1826, and continued such act bona fide, at intervals during the month of December, and up to January, 1827, and then within one year thereafter brought the petitioners into the city of Washington. - The Court held that the petitioners were not thereby entitled to freedom; but if he did perfectly, entirely, and completely remove to the city of Washington, and had rented a house, and put some part of his family and furniture into it; and claimed the privileges of a resident of that city, in or before November, 1826, although he had not removed all his family and goods, it was competent for him to bring the rest of his family and furniture to Washington after his removal; and his so bringing them after his removal, did not prevent his being a resident in or before November, 1826. Negro Esther v. W.H. Buckner, IV. Cr. c.c. 253 -

The sale in the District of Columbia, of a Maryland slave brought here by her owner, does not give her a title to freedom under the Maryland Act of 1817, c. 112, which prohibits the sale of a non-resident of the state, of any slave having a contingent right to freedom. Negro Rebecca Hobbs v. Magruder et al IV. Cr. c.c. 429 -

A Virginia slave of a Virginia owner, was loaned by the widow to her son-in-law, in Washington, D.C., until the estate should be settled and distribution made. The slave resided in Washington, under that loan, more than a year, and was then sent back to Virginia, and upon settlement of the estate, was assigned to one of the distributees. Held, that the slave did not thereby acquire a right to freedom under the Maryland Act of 1796, c.67; although the administrator, who was neither party nor privy to the lending, afterwards knew it, and did not object. Negro Frederick Bowman vs. Henry Barron IV. Cr. c.c. 450 -

If a person comes into this country, as a sojourner, and brings with him his slave, and dies here, and his executor has been prevented by the institution of this suit, from carrying his slave out of the district, the slave is not, by such importation, entitled to freedom. 4 Cr. c.c. 410. -

An importation of slaves by a person who has only a life estate in them, is an importation within the Maryland Act of 1796. c.67.§1. And the consent of the reversioner, to the importation, is not necessary to give freedom to the slaves thus imported. The question of the intent with which the importation is made is for the jury. - Negro Charles Taylor vs. Ariss Buckner, IV. Cr. c.c 540; Negro Sally Moody vs. Fuller 5, Cr. c.c. 303. -

If a Maryland slave be, with his consent, carried to Virginia, and kept there more than a year by the person to whom he was hired or loaned, in Maryland, without the consent of the owner of such slave, no time is limited in which the owner must use coercive measures for recovery of the slave; and the omission to use such measures, does not give him any title to freedom; but the owner may reclaim the slave at any time Negro Kinedy v. Clarissa Purnell, v. Cr. c.c. 552.

If a Maryland slave, hired or loaned in Maryland to a resident in Maryland, be carried by the person to whom he is so hired or loaned, into Virginia with a view to temporary residence only, and, for necessary attendance, and to make a transient stay, be carried or sent out of the State of Virginia again, the slave does not thereby become entitled to freedom; although all these acts were done with the consent of the owner. Ib.

IV. That nothing in this act contained shall be construed or taken to affect the right of any person or persons travelling or sojourning with any slave or slaves within this state, such slave or slaves not being sold or otherwise disposed of in this state, but carried by the owner out of this state, or attempted to be carried: vide Negro Rachell Bank vs. Armfield. 4 Cr. c.c. 579.

V. That no slave manumitted agreeably to the laws of this state since the passing of the act (b) entitled, An act to prohibit the bringing slaves into this state, or made free under the said act, or who shall hereafter be manumitted or made free in virtue of this act, shall be entitled to the privilege of voting at elections, or of being elected or appointed to any office of profit or trust, or to give evidence against any white person, or shall be recorded as competent evidence to manumit any slave petitioning for freedom. - (B) April, 1783, ch. 23.

VI. That no person brought into this state from any of the United States, who is bound to service for a term of years only by the laws of the state from which such person is brought, shall be considered as a slave for life in this state, but such person brought into this state shall serve for the time which the laws of the state from which such person is brought oblige him or her to serve, and no longer. -

VII. That if any Negro, or other slave, hath been or may hereafter be carried out of this state, by any executor, administrator or guardian, or by any other person or persons during the infancy or without the consent or authority of the real owner or proprietor of such Negro or other slave, it shall and may be lawful for such owner or proprietor, at any time hereafter, to bring the said negro, or other slave, into this state again, and to have and enjoy the said Negro, or other slave, as his or her property.

Sec. II. That if any citizen of this state hath acquired or shall acquire property in any slave or slaves, being residents of any of the United States before the Twenty first day of April, in the year Seventeen Hundred and eighty three; or in the descendant or descendants of such slaves, being residents as aforesaid, by marriage, bequest in course of distribution, or as guardian, such citizen may remove and bring such slave or slaves into this state, for the purpose only of employing or working such slave or slaves within this state, as herein before mentioned, and not for sale; provided, that a list of such slave or slaves, be rendered in the manner herein before directed, by a citizen of this state, on his bringing slaves into this state as herein before allowed; and provided also, that the owners of such slaves may sell them after such slaves have been residents for three years within this state. Act of Maryland Nov. 1796 ch. 67 The list of slaves required by the Maryland Act, 1796. c67, must be delivered to the clerk of the county into which they are first brought, and within three months thereafter. Negro Harry Davis v. Baltzer; 1 cr. c.c 482

The list of slaves required by the 11th section of the Maryland Act of 1796. c.67, must designate the sex. Negro Joe Crawford v. to be recorded Robert A. Slye, iv. Cr. c.c. 457. The name Joe [Jo] does not designate the sex. A slave imported into the county of Washington, D.C. under the 11th section of the Maryland Act: of 1796 c.67, is entitled to freedom, unless recorded within three months thereafter. Negro Keziah v. R. G. Shye, 4 cr. c.c. 463.

Sec.12. That all that part of an act, entitled, an act to prevent disabled and superannuated slaves being set free, or the manumission of part of an slaves by any last will and testament, which is contained within the third section thereof, shall be and is hereby repealed.

Sec.13. That from and after the passage of this act, it shall and may be lawful for any person or persons, capable in law to make a valid will and testament, to grant freedom to and effect the manumission of any slave or slaves belonging to such person or persons by his, her or their last will and testament; and such manumission of any slave or slaves may be made to take effect at the death of the testator or testators, or at such other periods as may be limited in such last will and testament; provided always that no manumission hereafter to be made by last will and testament shall be effectual to give freedom to any slave or slaves, if the same shall be in prejudice of creditors, nor unless the said slave or slaves shall be under the age of forty five years, and able to work and gain a sufficient maintainance and livelihood at the time the freedom given shall commence.

A manumission by will is not in prejudice of creditors, if the real and personal estate are sufficient, without the value of the manumitted slave, to pay all the debts of the testator. Negro Fidelio vs. Dermott, 1 Cr. c.c. 405

A manumission by will, after a term of years, is not revoked by a codicil ordering the sale of all the testator's slaves, if at the time of making the codicil, their term of service had not expired. Ibid.

If a testator by his will manumit his slaves after a certain term of service, and the widow renounces the provision made for her by the will, and adheres to her rights under the laws of Maryland, and if there be sufficient personal estate to satisfy her thirds without resorting to the slaves, they will be entitled to their freedom, although the executor should have assigned them to the widow in part satisfaction of her claim. Negro Jos. Thompson vs. Walter Clarke, 2 Cr. c.c. 145.

Constructive emancipation of slaves by will Negro Harry Quando vs. Clagett, 4 Cr. c.c. 17.

A slave manumitted by will after a term of service, is not free until the term of service has expired; but the court will continue the injunction originally granted to prevent the removal of the petitioner from the jurisdiction of the courts, unless the defendant will give bond to the United States, with good security, that he will not suffer or permit him to be so removed. Negro Kitty vs. Mc Pherson, 4 Cr. c.c. 172

The petitioner claimed freedom under the following clause of the will of the testatrix: "I will that George, if he behaves well until the year 1837, and continues to hire for good wages, shall, at the end of that year be free." Held, that it was competent for the defendant to show that the petitioner did not behave well, &c but ran away. Negro George Coats vs. Morton, 5 Cr. c.c 409.

In the will of Maria T. Greenfield is the following clause; "I also give and bequeath to my nephew, Gerard T. Greenfield, all my negro slaves, namely Ben, Mansa, James, &c., (naming seventeen slaves,) provided he shall not carry them out of the state of Maryland, or sell them to any one; in either of which events, I will and desire the said negroes to be free for life." The Legatee sold one of them (the petitioner) to the defendant. Held, that the petitioner thereby became entitled to his freedom. Negro James Ash v. W. H. Williams, 5 Cr. c.c 674.

Slaves cannot be manumitted by will in Washington county, D.C. by last will, if over forty five years old at the time that manumission is to take effect. Wigle vs Kirby 3 cr. c.c. 597.

A sale of a slave upon an express condition that he should be free at the end of six years, is not a manumission under the Maryland Act of 1796. c 67. Negro Fidelio v. Dermott, 1. cr. c.c 405.

A manumission by will, is not in prejudice of creditors if the real and personal estate are sufficient without the value of the manumitted slave to pay all the debts of the testator. Ibid.

A manumission by will, after a term of years, is not revoked by a codicil ordering a sale of all the testator's slaves, if, at the time of making the codicil, their term of service had not expired. Ibid - Constructive manumission by will. Quando v. Clagett IV. cr. c.c. 17 -

A testatrix charged her lands as well as her personal estate with the payment of her debts and legacies, and, by her will manumitted certain of her slaves, to take effect at her death. The personal assets were not sufficient without the slaves, but with the real estate, were more than sufficient to pay the debts; held, that such manumission was not "in prejudice of creditors," and that the slaves were entitled to their freedom. Negro Eliza and Kitty Chapman v. Fenwick, iv. cr. c.c. 431.

If the manumission be considered as a specific legacy, the assent of the executor was given by suffering the negroes to go at large, as free, for the period of eight years after the death of the testatrix. Ibid.

If there be a fund for the payment of debts and pecuniary legacies, the executor may be compelled to assent to a specific legacy. Ibid.

A specific legacy shall not abate, or contribute, if there be enough without it. Ibid.

A devise of real estate "after payment of debts," is a charge of the debts upon the real estate. Ibid.

An assent to a legacy cannot be revoked. Ibid.

Emancipation by will, stands on stronger ground than a specific legacy, and does not need the assent of the executor. Ibid.

The burden of proof lies on the creditors to show that an emancipation by will is "in prejudice of creditors." Ibid.

Upon a devise that a slave should be sold for eight years, after which he should be free, the term of eight years begins to run from the death of the testator, or within a reasonable time thereafter. Negro Bazil v. Kennedy, i cr. c.c. 199.

On a petition for freedom under a will, the burden of proof is on the respondent to show that the petitioner was more than 45 years of age, or that the manumission was in prejudice of creditors. Negro Emanuel Gilbert v. Ward, iv. cr. c.c. 171.

When a slave is emancipated by will his freedom is a specific legacy to him. Hammond v. Hammond 2 Bland, 306, 314, and see Williams v. Ash 1 How. Sup. ch. 1.

There may be an emancipation to take effect upon a contingency. A testatrix bequeathed certain slaves, adding the condition that if the legatee carried them out of the state, or sold them to any one, her will was, in either event, that they should be free; the legatee sold one of the slaves, who thereupon filed a petition for his freedom, and it was held, on error, by the Supreme Court of the United States, that he was free; the qualifying clause of the bequest not being a restraint on alienation inconsistent with the legatee's right of property, but a conditional limitation of freedom, which took effect the moment the negro was sold. Williams vs. Ash. 1 How. 1. See also Sam's case, 5 Johns, 365, and Kettletas v. Fleet, 7 Johns. 324. Quare, as to Cook v. Cook, 3 Sett. 238. Conditions subsequent to emancipation are, however, void, and the slave takes his freedom absolutely. Forward vs. Thamer, 9 Gratt. 537; Spencer vs. Negro Dennis, 8 Gill, 314.

It has been held that the intention of a testator distinctly manifested, to emancipate his negroes, has the effect to charge his real estate with the payment of his debts, without express words; Fenwick v Chapman 9 Pet. 461; Allein vs. Sharp, 7 G. & J. 96; that the creditors, in case the personal assets prove insufficient, must proceed against the real estate, by such means, legal or equitable, as may be opened to them, Fenwick vs. Chapman 9. Pet 461; Allein vs Sharp, 7 G & J. 96; The case of Negro George vs. Corse, 2 H & Gill 1; Seems to be overruled and that the burden of proof is upon them to show the insufficiency of the whole assets, real and personal. Allein v. Sharp 7 G & Johns 96.

It has also been decided, under the same statutes, that the inquiry as to the sufficiency of assets is not confined to the condition of the estate at the time of the testator's death; but if the assets, although then sufficient, afterwards, in the due course of administration, without any default of the administrator, and before his assent to the manumission, become inadequate to the payment of the debts, the slave shall be subject to the claims of the creditors; and on the other hand, if the assets, insufficient at the testator's death, subsequently in due course of administration become sufficient the manumission shall be consummated. Wilson v. Barnet, 9 G & Johns 158.

An executor who has permitted the manumitted slaves to go at large as free, cannot recall the assent he has thus given to the bequest of freedom. Fenwick v. Chapman, 9 Peters, 461.

Yet an executor who has made an admission of the sufficiency of assets, whereby a judgment of freedom has been obtained in an action at law against him, may, it seems, obtain relief in equity. Fenwick vs Chapman, 9 Pet 461, 481.

And no judgment of freedom recovered by the slaves in an action against the executor, whether the consequence of his admission of assets or not, concludes the creditors from showing, in equity, that the assets are in point of fact insufficient. Allein v Sharp, 7 G & Johns. 96; Fenwick v Chapman, 9 Peters 461.

It seems that in any case where the assets are found insufficient, a decree of a court of equity must be obtained for the sale of the emancipated negroes, either for life or for a term of years, as the circumstances of the case may require. Allein vs. Sharp, 7 G & Johns. 96.

The validity of an emancipation depends upon the law of the state where the negroes emancipated are residing at the time - they being so resident by the consent of their owners. Hunter v. Fulcher, Leigh, 172.

Simmins v. Parker, 4 Mark. N. S. 200, 205

Lewis v Fullerton, 1 Rand 15. and see Mary v. Brown 5 Louis. an R 269; Mercer vs. Gilman, 11 B. Mon. 210 Lunsford vs. Coquillon, 2 Mark. N. T. 401; Thomas v. Generis, 16 Louis. R. 433; Josephine vs. Poultney, 1 Louis. an. R. 329; Marie Louise, v. Marot, 9 Louis. R. 473.

Slave Grace v. Hogg. ad.94; Eugene v Preval, 2 Louis. an. 180; Conaut v. Guesnard, 5 Louis. an 696; Strader v Graham, 5, B. Monr. 173; Vaughan v Phebe, 1 Mark. & Yerg.1; Blackmore vs. Phill. 7 Yerg. 452; Jackson vs. Bullock, 12 Conn. 38. and (in subordination to this principle,) the courts of any State will, in general, enforce an emancipation which owes its effect to the laws of any other state. Hunter v. Fulcher, 1, Leigh, 172; Rankin v. Lydia, 2 A. K. Marsh. 467, 475; Harry v. Decker, Walk. 36 See Mahoney v. Ashton, 4 H + M'H 295; Stewart v. Oakes, 5 H + Johns. 107 note, and Davis v. Jaquin, 5 H + Johns.

What is the condition of the children of a statue libera, a female slave entitled to freedom at a future time? On the one side it has been contended that the mother in such a case though enjoying the prospect of freedom, (which, indeed may never be realized, as she may die before the day,) is still a slave, and can only communicate to her offspring born during the interim her present status; and that they therefore are slaves absolutely. And so the decisions have been; Fanny v Kell, 2 Cr. c. c 412; Samuel vs. Childs, 4 Cr. c. c 189; Maria vs. Surbaugh, 2 Rand. 228; Catin vs D'Orgenoy, 8 Mark. 218; M'Cutchen vs. Marshall, 8 Pet. 220; Rod vs Beal, 2 Bibb. 208; Brooks v. Nett, 4 Cr. C. C. 470; though there are obviously very strong if not stronger reasons to the contrary. Sarah v Taylor, Cr. c. c. 155. Maria vs. Surbaugh, 2 Rand. 229-31; Williams v. Ash 1 How. 14.

It has been said, Maria v Surbaugh, 2 Rand. 228, 235; Negro Jack v Hopewell, 6 H. Johns, 20, note, that it is not even in the power of the original owner, at the time he grants the freedom of the mother in futuro, to dispose of her unborn children, and to give them their freedom, either at birth or at a subsequent time.

There is a case, closely allied to that of a grant of freedom in futuro, but distinguishable from it, and capable of giving rise to very different consequences. This is a grant of immediate freedom, accompanied with a reservation of service for a time specified, and making such service the condition of the emancipation. It has been held that the child of a negro woman, born during the time of service so reserved, is free from its birth. Isac v. West 6 Rand. 652

It seems that such a reservation of service is not enforced by the master against the woman. Isac v. West, 6 Rand. 655, 657.

Children of female slave born while the mother was in the temporary service of a vendee for years are slaves of the vendor or vendee; Quaere, which? Negro Peter et al v. Quinton, et al. 2 Cr. c. c. 561.

XIV. And whereas it is contrary to the dictates of humanity, and the principles of the christian religion, to inflict personal penalties on children for the offence of their parents, Be it enacted, That all those parts of an act, entitled, An act relative to servants and slaves, and of another act, entitled, A supplementary act to the act, entitled, An act relating to servants and slaves, which impose servitude to the age of thirty-one years on the issue of certain inordinate copulations mentioned in the twenty-sixth, twenty-seventh and twenty-eighth sections of the said first mentioned act, and in the second and third sections of the said last mentioned act, shall be and they are hereby repealed; provided always, that nothing in this act, shall affect the right of any person or persons whatsoever to the servitude of any such issue heretofore acquired under the repealed parts of the act aforesaid.

XV. That from and after the passage of this act, if any person or persons, shall forcibly or fraudulently transport or carry, or cause to be transported or carried, out of this state any free negro or mulatto, knowing such negro or mulatto to be free, every such person or persons shall forfeit and pay the sum of eight hundred dollars for every negro or mulatto so transported or carried, or caused to be transported or carried, one half to the use of the county in which the recovery may be had, and the other to the informer, to be recovered by action of debt, or bill of indictment; and if the said sum be not paid, or secured to be paid, as herein directed, within thirty days after judgment, then such person or persons shall and may be adjudged by the court to serve on the roads for any period not exceeding five years; and if any person or persons shall transport or carry, or cause to be transported or carried, out of this state, any negro or mulatto entitled to freedom at a certain age, and sell or otherwise dispose of, or cause to be sold or otherwise disposed of, out of this state, such negro or mulatto as a slave for life, or for a longer time than he has to serve by law, knowing such negro or mulatto to be entitled to freedom at a certain age, every such person or persons shall, for every such offence, forfeit and pay the sum of eight hundred dollars, one half to the use of the county in which the recovery may be had, and the other to the informer, to be recovered by action of debt, or bill of indictment; and if the said sum be not paid, or secured to be paid, as herein directed, within thirty days after judgment, then such person or persons shall and may be adjudged by the court to serve on the roads for any period not exceeding five years. Vide act of Con. 2nd March 1831 sec 17.4 stat. 450.

XVI. That from and after the passage of this act, if any person or persons shall import or bring into this state, any free negro or mulatto, or any person bound to service for a term of years only, and shall sell or otherwise dispose of such free negro, mulatto, or person bound to serve for a term of years only, as a slave for life, or for any longer time than by law such person may be bound to serve, knowing such negro or mulatto to be free, or entitled to freedom at a certain age, every such person or persons shall for every such offence, forfeit and pay the sum of eight hundred dollars, to be recovered by action of debt or indictment; one half to the use of the county, the other half to the informer; and in case the said sum shall not be paid, or secured to be paid, within thirty days, then such person or persons shall and may be adjudged to work on the roads for any term not exceeding five years. see act of cong. 2. March.1831 sec. 17. 4 stat. 450.

XVII. That if any master, mistress, owner or owners, of any slave or slaves shall suffer any such slave or slaves to depart from their respective habitation or quarter and remain at large, begging or becoming burdensome to the respective neighbourhoods, or to other persons, it shall be lawful for the county courts where the master, mistress, owner or owners, of such slave or slaves, shall reside, and they are hereby required, upon the complaint or information of any credible person, (such complaint or information being supported by oath or affirmation, as the case may require,) to cause such complaint or information to be minuted among their proceedings, and thereupon to issue their warrant to the sheriff of their county against such master, mistress, owner or owners, of such slave or slaves, thereby to cause such master, mistress, owner or owners, to appear before them, at some day to be limited in such warrant; and if, on a due examination in a summary way, the said court shall be satisfied that such master, mistress, owner or owners, of such slave or slaves, have suffered such slave or slaves to depart and wander, or remain at large, contrary to the provisions and intention of this act, the said court are hereby empowered and required to cause such master, mistress, owner or owners of such slave or slaves, to enter into recognizance, with one sufficient security, if the same shall be awarded, in the penalty of one hundred dollars, to be taken to and in the name of this state, and the condition of the said recognizance shall be such, that if such master, mistress, owner or owners, of such slave or slaves, his, her or their executors or administrators, shall suffer such slave or slaves to depart and remain at large, contrary to the provisions of the act in such cases made and provided, then such recognizance shall remain in force and virtue; and if any such master, mistress, owner or owners, of any such slave or slaves, shall afterwards commit any breach of the condition of such recognizance, it shall be lawful for any person to put in suit and prosecute such recognizance against the cognisor or cognisors thereof; and if the master, mistress, owner or owners, bound by such recognizance, his, her or their executors or administrators, shall be convicted of any of the breaches assigned by verdict, confession or otherwise, the judgment of the court shall be rendered for the penalty and costs of suit, and the same may be recovered by any process of execution and one third of the penalty shall be applied to the use of the prosecutor and the remainder to be applied as a fund for the county school, if any, if not, to the use of the county in which such conviction shall happen, and the name of the person prosecuting such recognizance shall be endorsed upon the original writ, and such person shall be answerable for the fees and costs; provided, that if any slave or slaves shall run away or abscond from the service of their master, mistress, owner or owners, contrary to the will of such master, mistress, owner or owners, such running away and absconding shall not be construed, deemed, or taken, to be a departing and remaining at large within the meaning of this act.

XVIII. That in all cases where certificates from a clerk of any court, or from any judge or magistrate, have heretofore been granted, or may hereafter be granted to free negroes or mulattoes if such negro or mulatto shall hereafter give or sell sell such certificate to any slave, by which means such slave may be enabled to abscond from the service of his master or owner, and personate the grantee of such certificate, it shall and may be lawful for the master or owner of such slave to have remedy against such free negro in any court of law in this state, and the court before whom such free negro may be tried, shall have full power and authority, upon conviction by the verdict of a jury, or upon confession or otherwise, to fine such free negro or mulatto a sum not exceeding three hundred dollars, in the discretion of the court, one half to the use of the master or owner of such absconding slave, the other half to the county school, in case there be any, if no such school, to the use of the county: and in case the said fine shall not be paid, or secured to be paid, within thirty days, then and in such case, the said court may adjudge such free negro to be sold, at public vendue for such a term as the said court may deem just and proper, not exceeding seven years, and the money arising from such sale shall be paid to the person or persons whose slave shall have absconded by means of such certificates.

XIX. That any person or persons, who shall hereafter be convicted of giving a pass to any slave, or person held to service, or shall be found to assist, by advice, donation or loan, or otherwise, the transporting of any slave or any person held to service from this state or by any other unlawful means depriving a master or owner of the service of his slave, or person held to service, for every such offence the party aggrieved shall recover damages in an action on the case against such offender or offenders, and such offender or offenders also shall be liable, upon indictment and conviction upon verdict, confession or otherwise, in this state, in any county court where such offence shall happen, be fined a sum not exceeding two hundred dollars, at the discretion of the court; one half to the use of the master, or owner of such slave, the other half to the county school, in case there be any, if no school, to the use of the county. vide U.S. v. Prout 4 cr.c.c. 301; U.S. Williams 3 cr. c.c. 65.. 5 cr.c.c. 38.

XX. That any slave selling liquor, or keeping entertainments at any muster ground, horse-may race, or other public place whatever, without the orders or permission of his or her owner in writing, shall be liable to be apprehended and punished, in the direction of any justice of the peace, not exceeding twenty stripes; that upon the information, on oath, or affirmation, as the case may be, of any credible person, to any judge, associate justice, or justice of the peace of any county of this state, that any free negro, mulatto, or other person, is found living idle, without any visible means of maintenance, or going at large through such county, and without any visible means of subsistence, such judge or justice is hereby authorised and required to issue his warrant to any constable of his county, directing him to apprehend such person or persons, and bring him, her, or them before some judge or justice of such county; and upon the return of any such warrant, such judge or justice, before whom the same shall be returned, is hereby authorised and empowered to inquire, by all lawful means, whether such free negro, mulatto or other person, is an offender under this act; and if it shall be made appear, to the satisfaction of such judge or justice, that such person is such an offender, then in such case such judge or justice is hereby directed forthwith to order such free negro, mulatto or other person, to give security for his good behaviour, in a penalty not exceeding thirty dollars, or on default of such security, to order such free negro, mulatto or other person, to depart the state within five days; and such free negro, or mulatto or other person, refusing to comply with this act, or after leaving this state shall again return within six months, may be again taken up and carried before some judge or justice of the peace, who may commit the said free negro, mulatto or other person, to the common gaol of the county; and in case such person or persons, so committed, shall not, within twenty days thereafter, pay his or her prison charges, it shall and may be lawful for the sheriff of such county, wherein such person or persons shall have been committed, with the approbation of any two justices of the peace of such county, to sell such person or persons to serve for a period of time not exceeding six calendar months and the money therefrom arising, after payment of the charges arising from such commitment and confinement, to pay over unto the justices of the levy courts of the respective counties, for the use of said counties.

XXI. That no petition or petitions for freedom shall hereafter originate in the general court of either shore, but shall commence and be tried only in the county where such petitioner or petitioners shall reside, under the direction of his, her or their master, mistress or owner; and the court of the county in which such petition or petitions shall be preferred, shall have full power and authority to issue process against such master, mistress or owner, for the purpose of compelling his or her appearance, directed to the sheriff of the county where such person or persons shall reside, and such sheriff shall serve and return such process, in the same manner as if issued by the county court of his county, and in case of neglect or delay in such sheriff to execute and return such process, he may be fined by the court issuing such process.

When an action is begun, to try the plaintiff's right to freedom, the court will interfere, upon cause shown, to compel the defendant to have him forthcoming on the day of trial, and in the meantime to treat him with humanity, and to allow him reasonable opportunity to procure evidence; see Gober v. Gober, 2 Hayn. (N.C.) 124; Evans v Kennedy, 1 Hayn. (N.C.) 422; Parker v. ____, 2 Hayn. (N.C.) 345; and this last privilege has been extended so far as to require the defendant, where (pending the original action) a strong case was made out for the plaintiff upon a habeas corpus, to give security to leave the plaintiff at liberty until the next term to go wither he pleased in order to procure testimony. Parker v. _____, 2 Hayn. (N.C.) 345

A petitioner for freedom has not a right to go and search for his witnesses. Negro Moses v. Dunnaho 1 Cranch, c.c. 315

An injunction to prevent a person from taking away a colored woman who has sued for her freedom in this court, will not be granted upon the mere statement of the plaintiff's apprehension. Negro Jenny v. Crase, 1. cr. c.c. 448.

Upon a petition for freedom, suggesting an apprehension that the defendant will sell and remove the petitioners from the jurisdiction of this court, supported by affidavit, a judge of this Court, in vacation, will order an injunction without security; and upon further affidavit that the defendant had attempted to carry the petitioners away after notice of filing their petition, the judge will order the marshal to take them into custody for safe keeping until the defendant shall give the security required by law for their forthcoming to prosecute their petition; and if the defendant will refuse to give such security, and judgment shall be rendered against him the marshal's fees for keeping them shall be taxed in the bill of costs against the defendant. Negro Rebecca v. Pumphrey, II. cr.c.c 514 see 4 Cr. c.c 489; Negro Kitty v McPherson, 4 Cr.c.c. 142; Negro Simon v. Lewis v. Paine's administrator 4 cr.c.c. 99- Lee v. Preuss 3 Cr. c.c. 112 -

The issue always is upon the plaintiff's or petitioner's right to freedom against all the world. Harick v. Ridgely, 9 G & Johns. 174; Crofs v. Black, 9 G & Johns 198; Berard v. Berard, 9 Louis R. 158; Trudeau v. Robinette 4 Mart. 577; Negro Ben v. Scott, 1 Cr. c.c. 407;

The jus tertii is regarded as a complete bar to his claim, and it is not sufficient for him to show a want of title in the party in possession -

No presumption of slavery arises against a party asserting his freedom from the length of time, however great, that he and his ancestors have been held in slavery. Butler v. Craig, 2 H & McH. 216. 236.

If a person held as a slave can show that his ancestor in the female line, no matter how many degrees removed, was de jure a free woman, he may vindicate at law his own right to freedom; Rawling v. Boston, 3 H & McH, 139.

On the other hand, when a slave, with the knowledge of his owner, has gone at large, and acted as if free for any considerable length of time, a jury may be directed to presume that a deed of manumission was executed with all required formalities, and if it would be in-valid unless recorded within a certain time, that it was so recorded. Burke v. Negro Joe, 6 & Johns 136 U.S. vs. West 5 cr. c.c 35; minchur v. Docker 1 cr. c.c 270; But see contra Bell v. Hogan 2 cr. c.c 21.

There is a presumption against every negro, in an action for his freedom, that he is a slave. Davis v Curry, 2 Bibb, 238; Adelle v. Beauguard, 1 Mart. 183; Delany v. Morris, 11 Mart. 4. 10. See Hoffman v Gold 8 G. & Johns 79; Jackson v. Bridges, 1 Rob (Louis) 172 [X]

But in Delaware where the number of free blacks is much greater than that of the slaves, as a mere presumption the inclination is in favor of freedom. State v. Jeans, 4 Haring. 570.

And in an action by a negro against a third person, not claiming to be his master, the presumption is the other way, and there the burden of proving the fact of his slavery is on the party making the allegation in bar of his action. Hawkins v Vanwickle, 6 Mart. N.S. 420. Partidas, 3 tit. 15 Law 5; Forsyth v. Nash, 4 Mart. 389.

The presumption that negroes are slaves has been held to be confined strictly to negroes; there is no such legal presumption of slavery in the case of persons of any shade of color intermediate between black and white. Gober v. Gober, Jal (N.C.) 164; S.C. 2 Hayer. 170 nom. Gober v. Gober; Adelle v. Beauregard, 1 Mart. 183.

The rules of evidence, as well as of procedure are the same as in other actions.

Admissions of petitioner - See Forsyth v. Nash, 4 Mart. 385; Shorter v. Boswell, 2 H & Johns, 359; Mahony v. Ashton, 4 H & M'H 295; But see Maria Queen v. Hepburn, 7 Cr. 290; Davis v Wood, 1 Wheaton, 6 Pedigree of the petitioner. Maria Queen v Hepburn, 7 Cr. 290.-

Some uncertainty exists as to the damages which may be given, where judgment is rendered for the plaintiff in an action for freedom. The Court of Appeals of Kentucky, in a case before them, asserted as an equitable rule, that if the defendant had reasonable ground to believe the plaintiff to be his slave, the damages should be nominal; otherwise, substantial. Thompson v Wilmot, 1 Bibb. 422; See also Phillis v. Gentin, 9 Louis. R. 208; Pleasants v Pleasants, 2 Call, 350; Matilda v. Crenshaw, 4 yerg. 299.

This was in equity; In a case at law, another court seemed to regard the amount of damages as lying in the discretion of the jury; and they under the circumstances of that case, having given substantial damages, the court refused to disturb the verdict; Scott v. Williams, 1 Dev. 376; Matilda v. Crenshaw 4 yerg. 299.

A person held in slavery asserted her freedom in an action of trespass, and recovered judgment, with nominal damages; she afterwards brought another action of trespass for the value of her services while held as a slave; the court held that the action could be maintained, and that the defendant was estopped by the judgment in the former action from contesting her right to wages from the commencement of that former action. Matilda v. Crenshaw, 4 yerg. 299.

It seems that such a second action may be brought for the recovery of wages for a time antecedent to the commencement of the first action; but in such a case the controversy becomes again one of title, and the defendant is not estopped to say that at such antecedent time he rightfully held the plaintiff as a slave; Catron, C.J. Matilda v. Grenshaw ubi sup.

And it would appear that there nothing would prevent his denying, if he chose, that he then held the plaintiff as his slave at all.

Costs have been allowed to the plaintiff recovering judgment in an action for freedom, although no damages were given by the jury, the ordinary provisions, making costs depend on the recovery of damages, being held not to apply in a case of this nature. Clifton v. Phillips, 1 McCord, 469.

A slave who has been manumitted and lost her deed of manumission may have relief in equity. Negro Alice v. Motte 2 cr. c.c 485.

The right to petition is not local. See Maria vs. White 3 cr. c.c 663.

XXII. That in all petitions now depending, or hereafter commenced, for freedom, either the petitioner or defendant may apply to the court for the benefit of a trial by jury, and the court shall thereupon charge, as the law directs, the attending jury, to determine each and all of the allegations contained in the said petition, which may be controverted, any law, usage or custom, to the contrary notwithstanding. Act. M.D. ch 67 - 1796

XXIII. That there shall be no appeal from the judgment of the county court upon such petitions, except as to matters of law, where the facts shall have been tried by a jury, and the master, mistress or owner, of such petitioner, or the petitioner, at the election of either, shall have the right of appeal as to matters of law only, and to take bills of exception in all cases so tried to the general court of their respective shore any thing in this act contained to the contrary notwithstanding.

XXIV. That either the master, mistress or owner of such petitioner, or the petitioner shall have the right and privilege of challenging peremptorily to the number of twelve jurors impannelled to try the facts in issue, and for want of a sufficient number of jurors remaining upon the original pannel, a tales, at the prayer of either party, shall be awarded by the court to try the said issue or issues.

XXV. That in all cases of petitions for freedom hereafter to be instituted in any court of law in this state, where the petition or petitions shall be dismissed, or upon trial the judgment be against such petitioner or petitioners, the attorney prosecuting or appearing to the same shall pay all legal costs arising thereon, unless the court, before whom the same may be brought, shall be of opinion, under all circumstances, that there was probable ground to suppose the said petitioner or petitioners had a right to freedom, and that in all cases of petitions for freedom now depending in any court of law in this state, except on appeal, where a similar petition or petitions, at the suit of the same party or parties, has or have been before filed and dismissed, the court before whom such petition or petitions are depending shall order a stay of all proceedings until the costs of the former petition or petitions, and all reasonable demands and expences sustained or incurred by the defendant or defendants therein, to be ascertained by the court, shall have been paid or secured to be paid.

XXVI. That in case the said costs, damages, and expences, shall not be paid within six months after the court shall have ordered a stay of proceedings, and ascertained the said damages and expences as aforesaid, the defendant or defendants in such petition or petitions, so as aforesaid depending, and his, her or their securities, shall be discharged from any recognizance by him, her or them, entered into, in consequence of such petition or petitions being filed, and the said petition shall be forthwith dismissed.

Sec 27. That if any petition for freedom shall hereafter be filed in any court of law in this state, and dismissed, and a second petition filed at the suit of the same party, the court in which such second petition may be filed shall order a stay of all proceedings until the cost of the former petition, and all reasonable damages and expenses sustained or incurred by the defendant or defendants therein, to be ascertained by the court, shall have been paid or secured to be paid.

Sec. 28. That it shall be the duty of the several county courts of this state to give this act in charge to the several grand juries of their respective counties.

Sec. 29. That if any person or persons possessed of any slave or slaves within this state, who are or shall be of healthy constitutions, and sound in mind and body, capable by labour to procure to him or them sufficient food and raiment, with other requisite necessaries of life, and not exceeding forty five years of age, and such person or persons possessing such slave or slaves as aforesaid, and being willing and desirous to set free or manumit such slave or slaves, may, by writing under his, her or their hand and seal, evidenced by two good and sufficient witnesses at least, grant to such slave or slaves his, her or their freedom; and that any deed or writing, whereby freedom shall be given or granted to any such slave, which shall be intended to take place in future, shall be good to all intents, constructions and purposes whatsoever, from the time that such freedom or manumission is intended to commence by the said deed or writing, so that such deed and writing be not in prejudice of creditors, and that such slave, at the time such freedom or manumission shall take place or commence, be not above the age aforesaid, and be able to work, and gain a sufficient livelihood and maintenance, according to the true intent and meaning of this act; which instrument of writing shall be acknowledged before one justice of the peace of the county wherein the person or persons granting such freedom shall reside, which justice shall endorse on the back of such instrument the time of the acknowledgment and the party making the same, which he or they, or the parties concerned, shall cause to be entered among the records of the county court where the person or persons granting such freedom shall reside, within six months after the date of such instrument of writing; and the clerk of the respective county courts within this state shall, immediately upon the receipt of such instrument, endorse the time of his receiving the same, and shall well and truly enrol such deed or instrument in a good and sufficient book, in folio, to be regularly alphabeted in the names of both parties, and to remain in the custody of the said clerk for the time being among the records of the respective county courts; and that the said clerk shall, on the back of every such instrument, in a full legible hand, make an endorsement of such enrolment, and also of the folio of the book in which the same shall be enrolled, and to such endorsement set his hand; the person or persons requiring such entry paying the usual and legal fee for the same.

Deed of Manumission

To all whom it may concern, be it known, that I ____ of the District of Columbia, county of Washington, for divers good causes and considerations, me thereunto moving, have released from slavery, liberated, manumitted, and set free, and by these presents do hereby release from slavery, liberate, manumit, and set free, my negro ____,named ____ being of the age of ____ years, and able to work and gain a sufficient livelihood and maintenance, and ____ the said negro ____ named ____ I do declare to be henceforth free, manumitted, discharged, from all manner of service or servitude to me, my executors or administrators, forever.

In witness whereof etc. (two witnesses) vide Samuel vs Childs et al. 4 cr. c c 189.

This deed must be acknowledged before a justice of the peace of the county where the master resides, and recorded in the records of that county within six months after the date of the manumission.

Sec. 30. That a copy of such record, duly attested under the seal of such office, shall at all times hereafter be deemed to all intents and purposes, good evidence to prove such freedom.

A deed of manumission, when acknowledged and recorded, relates to the time of its execution Betty v. Deneale, 11 cr. c. c. 156.

A deed, transferring a slave in Maryland, not recorded, cannot be given in evidence without proof of its execution, although acknowledged before a justice of the peace in Maryland. Lucy vs. slade, 1 cr. c. c. 422

A sale of a slave, upon the express condition that he should be free at the end of six years, is not a manumission under the Maryland law of 1796, c. 67. Negro Fidelio sion vs. Dermot, 1 Cr. c. c. 405.

A slave who has been manumitted, and has lost her deed of manumission, may have relief in equity. Negro Alice vs. Moxle, 2 Cr. c. c. 485.

A deed of manumission, made to defraud the donor's wife, is void as to the negroes, as well as in regard to the wife. 3 Cr c c 359

A bequest of property to a slave, by his master, confers freedom by implication. Hall vs. Mullin, 5 H & Johns 190 Le Grand v Darnell, 2 Pet. 664 Contra Campbell vs. Campbell, 8 Eng. (Ark.) 519

It seems however to be everywhere agreed that all that is done towards a complete emancipation is totally without effect until the final act, whatever it may be, performed; and consequently so long as such final act remains unperformed, the owner may revoke his consent to manumit and no inchoate right is vested in the slave which even a court of equity can recognize. Henry v. Nunn's Heirs 11 B. Mon. 239; Wicks v. Chew, 4 H & Johns. 543; Kettletas v. Fleet, 7 Johns. 324. Ab. De. Nav. 1797 ch 15

II. That it shall and may be lawful for any executor or administrator of any citizen of the United States, who shall have removed, or may hereafter remove, into this state, with a bona fide intention of settling therein, and who shall have died, or may hereafter die, within one year from the time of such removal, to import or bring into this state, at any time within one year from the death of his or her testator or intestate, any slave or slaves the property of such citizen at the time of his or her death, which slave or slaves or the mother or mothers of which slave or slaves, shall have been resident of the United States three whole years next preceding such removal, as also the issue of such slave or slaves born after the removal of the said testator or intestate.

III. That it shall and may be lawful for any guardian or guardians of any infant entitled may import to any slave or slaves by or in pursuance of the last will and testament of, or in the course of distribution from, any citizen of the United States, who shall have removed, or may hereafter remove, into this state, with a bona fide intention of settling therein, and who shall have died, or may hereafter die, within one year from the time of his or her removal into this state, at any time within one year from the commencement of his, her or their guardianship, or for any such infant, if a male, at any time within one year after his arriving to the age of twenty-one years, or if a female, at any time within one year after her arriving to the age of sixteen years, to import and bring into this state any such slave or slaves, being the property of any such citizen at the time of his or her death, as also the issue of such slave or slaves born after the removal of the said testator or intestate.

Sec. 1. That it shall and may be lawful for any citizen and resident of this state or of any adjoining state, being seized and possessed of an estate of inheritance in his own right; or in the right of his wife, in land lying in this or any one of the adjoining states, and the owner of any slave or slaves employed or worked on the said land, to remove and bring such slave or slaves within this state on the land of such owner, for the use and benefit of the owner, his or her legal representatives, and not for sale, provided such slave or slaves hath or have been resident of this or some one of the said adjoining states before the twenty-first day of April in the year one thousand seven hundred and eighty-three, or is or are the descendant or descendants of any slave being residents as aforesaid; and provided also, that a list of such slave or slaves, containing their names, sexes and ages, be delivered, in writing, and signed by the owner, his overseer or agent, to the clerk of the county into which such slave or slaves shall be brought to reside, within three months thereafter; and the said list shall be recorded at the expense of the owner of such slave or slaves so brought in to this state, in which list of negroes, so recorded, if title to them be acquired by will, the testator's name, the date of the will, and the place where recorded, shall be inserted, and if the title to them be derived from marriage, the name of the married person from whom the title is derived shall likewise be inserted in said list and the whole entered on record.

II. That if the said record be made within the time and in the manner herein limited, it shall and may be allowed to the owner or proprietor of the slaves so brought in and recorded to remove them, or any of them, or their issue, in and out of this state as often as his or her interest may require, without being under the necessity of recording them each time they are brought in, any law to the contrary notwithstanding.

The liability of a carrier transporting slaves has been held, is that of a carrier of passengers, and not of goods. Boyce v. Anderson, 2 Pet. 150; Clark vs. McDonald, 4 McCord, 223

A slave may be an agent; and the fact of person agency may be shown in this case by the same evidence as in any other. Chastain v. Bowman, 1 Hill (So. Car.) 270; Gore v. Buzzard, 4 Leigh, 231. In their ordinary service although they constitute one class of servants, they do not, it seems, subject their masters to the same degree of responsibility for the consequences of their negligence that the masters of other servants incur. Snee v. Trice, 2 Bay, 345.

Slaves are looked upon as persons by the criminal law. Their most effectual protection against injuries, not affecting life or limb, inflicted by a stranger, consist in the right which the law confers upon the master (not only as it seems to secure him from loss, but for the protection of the slave,) to recover damages from the wrong-doer. While v. Chambers, 2 Bay, 70; Cantpie v. Dale, 1 H & Johns. 4; Blanchard v. Dixon, 4 Louis. an. R. 57; Arthur v. Wells, 2 South. car. Const. R 316; State v. Hale, 2 Hawks, 582. For the tort of a slave his owner is commonly answerable civiliter in damages. Snee v. Trice, 2 Bay, 345.

Slave trade and Slave Depots.

Act of Congress Sept. 20. 1850.

Sec. 1. That from and after the first day of January, eighteen hundred and fifty one, it shall not be lawful to bring into the District of Columbia any slave whatever, for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other state or place to be sold as merchandise. And if any slave shall be brought into the said District by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall thereupon become liberated and free.

Sec 2. That it shall and may be lawful for each of the corporations of the cities of Washington and Georgetown, from time to time and as often as may be necessary, to abate, break up, and abolish any depot or place of confinement of slaves brought into the said District as merchandize, contrary to the provisions of this act, by such appropriate means as may appear to either of the said corporations expedient and proper. And the same power is hereby vested in the Levy Court of Washington County, if any attempt shall be made, within its jurisdictional limits, to establish a depot or place of confinement for slaves brought into the said District as merchandise for sale contrary this act.

Slaves of Non-residents

The following tax is imposed upon slaves of non-residents, hired to persons residing within the City of Washington, D.C. to wit: On every male slave above the age of eighteen years, and under forty five, twenty dollars per annum; On every male slave under eighteen and above twelve years of age, twelve dollars per annum; and on every female slave between fifteen and forty five years of age two dollars per annum; and any non-resident who shall hire a slave to labor, or do service in said City without having first paid the above tax, shall forfeit and pay the sum of twenty dollars for every such offence, and any person who shall hire any slave belonging to a non-resident, for whom the said tax is not paid, shall in like manner forfeit and pay the sum of twenty dollars for every slave so hired; and if such person shall continue to employ such slave, so hired, he or she shall forfeit and pay the sum of five dollars for every month he or she shall continue to employ such slave.

Every person bringing or sending any slave into said City to hire or reside therein, shall, within twenty days thereafter, cause the said slave to be recorded on the books of the corporation, and shall deposit with the Register an affidavit, that such slave is bona fide his or her property; and every person neglecting or refusing so to do, shall forfeit and pay the sum of twenty dollars. Corp. Laws, 255, 256.