been confined and advertised as runaways, as therein prescribed. An act of 1850 as to advertisements. Cobb's D. 1018.

1833. Respecting free persons of color. None may give credit to free colored persons, without order from the guardian. If insolvent, they may be bound out. Neither free nor slave may preach or exhort assemblies of more than seven, unless licensed by justices on certificate of three ordained ministers. They are forbidden to carry fire-arms. Cobb's D. 1005.

1833.-Penal code, Div. 13. Offences relative to slaves. Sec. 1. Prescribes penalties for bringing slaves into the State; excepts residents and immigrants; requires them to file notice. 5. Travelers allowed to bring their slaves; prize slaves may be brought in, but not sold. 6. Fine for receiving slaves illegally imported. 7. Parents in other States may hire or loan slaves to their children here. (These sections repealed by the law of 1849.) 9. Against harboring, &c., slaves. (An act of 1835 makes free negroes punishable for this offence, as slaves are; act of 1838 ascertains the punishment.) 10. The carrying out of the State or a county of a slave without owner's consent," and without any intention or design on the part of the offender to sell or otherwise appropriate the said slave to his own use, or to deprive the owner of his property in said slave," declared a misdemeanor punishable by fine and imprisonment. Other sections re-enact existing provisions. See Cobb's D. 826.

1835. An act more effectually to protect free persons of color, and to point out the mode of trying the right of freedom. Recites, "Whereas free persons of color are liable to be taken and held fraudulently and illegally in a state of slavery, by wicked white men," &c., provides for trial of the right of freedom before a judge of the county court and a jury, on complaint of a person of color, if, "upon examination, the justice shall be satisfied that there is probable ground to believe that such complainant or complainants are improperly and illegally held in a state of slavery." An amending act of 1837 directs the trial to be had of course, on affidavit by some white person being filed. - An act, amending the law of 1770, makes

e colored persons punishable like slaves for harboring, &c.,

and gives authority to constables to search houses of such on suspicion. Another amending act specifies what evidence shall entitle to registry as free colored persons, and that no persons of color, other than registered and slaves, may remain in the State. Registered persons, by removing, lose their right and cannot return. Persons claiming to own any who are not registered shall make oath. Sec. 5. Forbids the return to the State of any slave who may have been "in any State usually known as a non-slaveholding State, or in any foreign country." Such, on returning or being brought back, shall be seized and sold; those bringing them back liable to fine and imprisonment as for a misdemeanor.' 7. "The provisions, prohibitions, and penalties of this act shall not extend to any American Indian, free Moor, or Lascar, but the burden of proof, in all cases of arrest of any person of color, shall be on such person of color, to show himself or herself exempt from the operations of this act." 8. The inferior courts may deny to any free person of color, being of bad character, the registration of his name, and he shall be deemed a free person of color within the State in violation of its laws, and liable, &c. An act of 1845 relieves from penalties incurred under these acts. Cobb's Dig. 1017.'

An act to prevent the employment of slaves and free negroes in druggists' stores, and requiring poisonous drugs to be kept under lock and key. Ib. 1010.

1837.—An act against slaves being allowed to hire their time. (An act of 1845 prohibits slaves and free colored persons being mechanics or masons; from making contracts to build or repair houses. Cobb's Dig. 829.). An act to punish whites gambling with negroes. Others in 1838, 1847. Ib. 829, 831. An act amending the laws regulating the trial of slaves. Ib. 1012. An act of 1850 places the trials of slaves and free negroes for capital offences on the same basis with those of others. Ibid. 1018.

1 No exception in the case of fugitive slaves is mentioned.

Cooper. Mayor, &c., Savannah (1848), 4 Geo. 68, held that free persons of color are not citizens, as contemplated by the Constitution and laws of this State. Bryan v. Walton (1853), 14 Geo. 185-207, showing the nature of the relation between the free negro and his guardian. The opinion of the court, Lumpkin,

1841.-An act the better to secure the citizens of Georgia in the possession of their slaves. Recites, "Whereas much injury has resulted to the people of Georgia in consequence of abduction, &c., requires bonds to indemnify from all owners or charterers of vessels sailing from Georgia. Steamboats plying to slaveholding States excepted. No forfeiture of bond if a concealed slave be returned. Cobb's Dig. 1013. An act prohibiting the sale of stationery to slaves or free persons of color. Ib. 830.

1842, 1850.-Acts relating to the apprehension of runaways by private persons; the reward; and requiring their delivery to a jailer. Cobb's Dig. 1016, 1019. An act forbidding slaves being carried on railroads, except as therein provided. Ib. 399.

1849, 1850.-An act removing all restriction on the importation of slaves, and requiring corporations of towns to establish marts for their sale. Cobb's Dig. 1018. The leading section of this act was repealed by act of Jan. 22, 1852, An. L. p. 263, and this act again repealed by act of March 4, 1856, An. L. p. 271, and the act of 1849 revived. Those of the laws above cited which were in force in 1851 may be found in Cobb's Dig. of that year, Titles, Penal Laws, Servants, Slaves, Patrols, and Free Persons of color.'

1851.-An act amending the penal code-Div. 13, sec. 12—against cruel treatment of slaves, inserts "overseers," and 'beating, cutting, or wounding, or by cruelly and unnecessarily biting or tearing with dogs."

-. An act amending

1854. A new act against trading with slaves and furnishing them with liquors. An. L. p. 84. the patrol law. Ib. 101.

. An act to regulate the sale and division of slaves in certain cases therein named. Ib. 103.

J., in view of the question of negro citizenship, and the later opinions in Dred Scott's case, has great interest. The judge asserts that the condition of the free negro in any State is, and must, from his own characteristics, be worse for himself than slavery; that the policy preventing manumission is humane.

'Cobb's Dig. p. 1020, notes the titles of various resolutions and reports of the legislature on questions relating to slavery. Among these, a report, Dec. 25th, 1837, "in reference to the refusal of the governor of Maine to deliver up certain persons charged with stealing and carrying away a negro slave from the city of

Sec. 1. That mother and child under five years are not separable, "unless the division of the estate cannot in any wise be effected without such separation." Two acts on registry of free negroes. Ib. 104, 105; and An act to authorize the justices of the inferior courts of this State to bind out any free negro, &c., between the ages of five and twenty-one years.

An act repealing the quarantine on colored seamen coming by sea, and substituting passports for them when reported by captains. This not required in case of vessels from ports in South Carolina and Florida. Ib.'

1859.—An act to prohibit the post-mortem manumission of slaves. An. L. 68. Declares "any and every clause in any deed, will, or other instrument made for the purpose of conferring freedom on slaves directly or indirectly, within or without the State, to take effect after the death of the owner, shall be absolutely null and void." An act to prevent free persons of color, commonly known as free negroes, from being brought or coming into the State of Georgia. Ib. 68. Provides for the sale into slavery of those who may come, and for the punishment of those who may bring them. Declared not to modify the laws relative to colored seamen. An act to

define and punish vagrancy in free persons of color, and for other purposes. Ib. 69. Provides for sale of vagrant colored persons.

Savannah, showing the evasion and subterfuge resorted to by the governor, and deprecating the ultimate result of such conduct, if persisted in." The committee, though disposed to recommend a quarantine on all vessels from Maine, viewing abolition “as a moral and political pestilence," recommended a renewal of the demand on the governor, and, in case of refusal by him and the legislature of Maine to redress the grievance, the governor of Georgia was required to call a convention "to take into consideration the state of the Commonwealth of Georgia and to devise the course of her future policy."

1 An act of 1857, Ann. L. p. 15, reciting the inconvenience to planters and landholders from non-resident fishermen, hunters, and duckers, "who destroy the game, as well as hold improper intercourse with the slaves"-forbids non-residents hunting, &c., under penalty of fine and imprisonment. Landholders may permit such on their own lands.

* This act seems passed in view of the doctrines of Judge Lumpkin, in Cleland v. Waters (1855), 19 Geo. 35. Slavery is a cherished institution in Georgia— founded in the Constitution and laws of the United States, in her own," &c. "The Scripture basis on which slavery rests," &c. Ib. 43.

There seems to be no authority given by special statute of the State to the executive of Georgia to deliver up fugitives from justice.

CHAPTER XVIII.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES, AFFECTING CONDITIONS OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED.

LEGISLATION IN THE STATES OHIO, INDIANA,

ILLINOIS, MICHIGAN, WISCONSIN, MISSISSIPPI AND ALABAMA,
FORMED IN TERRITORY CEDED BY THE ORIGINAL STATES.

8 559. LEGISLATION OF THE STATE OF OHIO.

In the second article of the provisional treaty of November 2, 1782, and the definitive treaty of September 3, 1783, with Great Britain, the River Mississippi, to the 31st degree north latitude, was declared the western boundary of the United States. The States Massachusetts, Connecticut, New York and Virginia, severally claimed either the whole or large portions of the land west of the present limits of the original thirteen States, bounded on the south by the River Ohio and on the north by the great lakes.'

1 VIII. U. S. Stat. 55, 57.

The claims of New York, extending over all lands south and west of the lakes, were founded on accession by conquest to the rights of the Six Nations of Indians. Those of Virginia were based on the terms of the colonial patents and charters, and thereby limited on the south only, by the parallel 35° 30', the southern line of Virginia and Kentucky. Those of Massachusetts rested on her patents, &c., extending between the prolonged lines of her northern and southern boundaries, westward beyond the proper western boundary of New York. The claim of Connecticut extended in like manner westward, bounded north by the prolonged southern boundary of Massachusetts, and was founded on her charters.

In recent arguments against the power of Congress to prohibit slavery in the present Territories of the United States, it is very commonly assumed that the whole territory northwest of the Ohio was at the date of these cessions unanimously recognized as part of the soil of Virginia. On this issue, see particularly