justices to search any free negro or mulatto suspected of having "abolition papers," &c., " using as little violence to the feelings of such free negro or mulatto as is compatible," &c.

c.

281. An act to prohibit the formation and assemblage of secret societies of negroes. See Code, Art. 66, §§ 58-66; Art. 30, S$ 146-150.'

1845-6, c. 340. Recites that in case of slaves, "transportation or banishment is no adequate punishment for the higher grades of offences," &c.; enacts punishment as of other persons, reimbursement of owners, &c. Supplemental is, 1849-50, c. 124. But sale and transportation of negroes for crimes is restored by Code, Art. 30, §§ 194-200.

1846–7, c. 27. Removes the distinction made by sec. 2 of c. 13, of the act of 1717, between "persons professing the Christian religion and those not," &c., and enacts "that no negro or mulatto slave, free negro or mulatto, or any Indian slave or free Indian, natives of this or the neighboring States, be admitted and received as good and valid evidence in law in any matter or thing whatsoever that may hereafter be depending before any court of record or before any magistrate within this State, wherein any white person is concerned."

1849, c. 165. An act to repeal all laws prohibiting the introduction of slaves into this State,-with exception of slaves convicted for crimes. Penalties for bringing and buying such slaves. (See 1 Code of 1860, p. 450.) ——, c. 296. Criminal law; new penalties for enticing slaves to run away.

1851, May. A new Constitution, adopted in Convention.' Decl. of Rights. Art. 1. Declares that "all government of right originates from the people, is founded on compact only," &c., and that the people have always the power to alter, &c.

A resolution of Feb. 28, 1844, for application to Congress for a law making the rescue of fugitive slaves a criminal offence.

197.

Compare the alteration of the Constitution by the legislative act of 1837, c.
See opposite note 1.

Art. 21 of this Bill of Rights declares, "That no free man ought to be taken or imprisoned," &c., but that nothing in this article shall be so construed as to prevent the legislature from passing all such laws for the government, regulation, and disposition of the free colored population of this State as they may deem necessary." Art. III. sec. 43, in the Constitution. "The legislature shall not pass any law abolishing the relation of master and slave as it now exists in this State."

Art. 5. "Every free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage." The Constitution, Art. I. sec. 1, limits the franchise to "free white male persons."

1854, c. 273. An act imposing restrictions on free negroes and their employers in their contract for service. See Code, Art. 66, § 76-87.'

1858, c. 307. An act to prevent slaves from gaining their freedom in certain cases. Sec. 1. When freed under condition,

under deed, or will,-condition must first be fulfilled. 2. To be manumitted only between certain ages. c. 356. An act to prevent free negroes and slaves from having or using boats on the Potomac river.

1860, c. 322. Amending the Code of Public General Laws. Art. 65, sec. 42-46. "By adding thereto certain new sections prohibiting manumission of negro slaves, and authorizing free negroes to renounce their freedom and become slaves." The children under five years of a woman making such choice are to be slaves; if above five years, to be bound out. See Code, art. 66, § 43. c. 232. A local act for the principal counties gives them power to accept more stringent regulations of free negroes.

$544. LEGISLATION OF THE DISTRICT OF COLUMBIA: " 1790. An act for establishing the temporary and perma

1 Burke v. Joe, 6 Gill & Johns. 136. In Maryland a negro is presumed to be a slave, and in suit for freedom must prove descent from free ancestor, or manumission. Also, Hall v. Mullin, 5 Har. & Johns, 190.

In this code, published 1860, no title Slaves appears. The law respecting slaves is under the title Negroes. Art. 66, Sec. 1, is worthy of note for its phra seology. "Negroes have been held in slavery as the property of their owners from the earliest settlement thereof, and are and may be hereafter held in slavery as the property of their owners; and every owner of such negro is entitled to his service and labor for the life of such negro, except in cases where such negro can show that, by the grant or devise of the owner, or some former owner of such negro, or his or her maternal ancestor, a shorter period of service has been prescribed."

The legislative power of Congress is derived from the provision in Art. 1, sec. 8, of the constitution, "Congress shall have power ** to exercise exclusive jurisdiction in all cases whatsoever over such district, not exceeding ten miles square, as may, by cession of particular States and the acceptance of Congress, become the seat of government of the United States." The residue of the paragraph is,—“ and to exercise like authority over all places purchased by the consent of the legisla

nent seat of the government of the United States. I. Stat. U. S. 130, sec. 1. "That a district of territory not exceeding ten miles square, to be located as hereafter directed, on the river Potomac, at some place between the mouths of the eastern branch and the Connogocheque, be and the same is hereby accepted for the permanent seat of the government of the United States, provided nevertheless, that the operation of the laws of the State [Md.] within such district shall not be affected by this acceptance until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law. provide." An amending act of 1791, I. St. U. S. 214, includes Alexandria town and county from Virginia in this act.' Retroceded in 1846.

1801.-An act concerning the District of Columbia, II. St. U. S. 103, sec. 1, that the laws of Virginia and Maryland respectively shall continue in force in the portions of the District ceded by them.. A supplementary act, II. St. U. S. 115, sec 6, "that in all cases where the constitution or laws of the United States provide that criminals and fugitives from justice or persons held to labor in any State escaping into another State shall be delivered up, the chief justice of the said district shall be and he is hereby empowered and required to

ture of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings." But mere purchase of title for these purposes does not give jurisdiction to the United States. Story's Comm. § 1227 and citations. Cohens v. Virginia, 6 Wheat. 424, and Story's Comm. §§ 12281235, is a leading case on the nature of the power of Congress. It is therein held that the legislation of Congress for the District is not like that of a territorial legislature, local in its extent, but is the act of the legislature of the Union; and, it would seem, has national extent while derived from national authority, or that Congress may give it that extent. The question might occur in connection with the subject of this treatise, if Congress should enact a law determining the status of persons within the District, whether such law had beyond the District any greater effect than a State law would have. It seems too that the status of persons within the District rests now on national authority; as much so as if it had been there established by an act of Congress. The doctrine of Cohens v. Virginia would also require the law of the District, the forts, &c., to be classed with municipal law, having national authority and national extent, in that distribution of the laws of the U. S. which was made ante, Vol. I. p. 455, or that it should be separately classed as a law having local or national extent, according to circumstances.

Congress has entire control over the District for every purpose of government. There is no division of powers, as between the general and a State government, Kendall v. the U. S. 12 Peters, 524.

The cession of the Maryland part of the District was made Dec. 23, 1788; of the Virginia portion, Dec. 3, 1789.

cause to be apprehended and delivered up such criminal fugitive from justice or person fleeing from service as the case may be, who shall be found within the District, in the same manner and under the same regulations as the executive authority of the several States are required to do the same; and executive and judicial officers are hereby required to obey all lawful precepts or other process issued for that purpose, and to be aiding and assisting in such delivery."

1802. An amending act, II. Stat. U. S. 193, sec. 7, that no part of the laws of Virginia and Maryland to be in force in the District "shall ever be construed so as to prohibit the owners of slaves to hire them within, or remove them to the said district in the same way as was practised prior to the passage of the last act." - An act incorporating the inhabitants of Washington City, II. Stat. 195, sec. 2, confines the ballot to free whites. (1804, a supplementary act.) There is no mention made of slaves. Sec. 6. Among the powers of the corporation" to restrain and prohibit the night and other disorderly meetings of slaves, free negroes, and mulattoes, and to punish such slaves by whipping not exceeding forty stripes, or by imprisonment not exceeding six calendar months for any one offence, and to punish such free negroes and mulattoes for such offences by fixed penalties, not exceeding twenty dollars for any one offence; and in case of inability of any such free negro or mulatto to pay and satisfy any such penalty and costs thereon, to cause such free negro or mulatto to be confined to labor for such reasonable time, not exceeding six calendar months, as may be deemed equivalent to such penalty and costs.”

1812. An act to amend, &c. II. Stat. U. S. 755, sec. 9. "That hereafter it shall be lawful for any inhabitant or inhabitants in either of the said counties, [of Washington and Alexandria,] owning and possessing any slave or slaves therein, to remove the same from one county into another and to exercise freely and fully all the rights of property in and over the said slave or slaves therein which would be exercised over him, her or them, in the county from whence the removal was made,

'But see Butler v. Duvall, 4 Cranch, 167. Lee v. Lee, 8 Peters, 44.

anything in the legislative acts in force at this time in either of the said counties to the contrary notwithstanding."

991

1831.-An act for the punishment of crimes in the District of Columbia. IV. St. U. S. 448, sec. 15-18, speak of slaves being punishable as therein provided, though concluding with, "provided that this act shall not be construed to extend to slaves." 17. Declares the offence of carrying off free negroes with intent to keep or sell as a slave, punishable with fine and imprisonment.

1846.-An act to retrocede Alexandria county to Virginia. IX. St. U. S. 35. Sec. 3. That the existing jurisdiction and laws shall continue until Virginia shall provide by law for the extension of her "jurisdiction and judicial system." 4. Requires the assent of the inhabitants to the retrocession.

1850, Sep. 20. An act to suppress the slave trade in the District of Columbia.' IX. St. U. S. 467. Be it, &c., " that from and after the first day of January, eighteen hundred and fiftyone, 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. 2. And be it, &c., 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 this District as merchandise, contrary to the provisions of this act, by such appropriate

1 See the act of Congress of 1801, and the Maryland law of 1796, against importation. Also, Lee v. Lee, 8 Peters, 44.

One of the so-called Compromise Acts of 1850. See vol. I., 563.

'So far as I am aware, this is the only act of legislation where this pronoun is thus used, where "his or her" is employed in the State laws.

A compilation by W. G. Snethen, 1848, is entitled The Black Code of the District. There is no general Code for the District. A code prepared by Judge Cranch, under authority of Congress, April 29, 1816, was published 1819, though never adopted. Another was rejected in 1855 by popular vote. A compilation was made, in 1831, by A. Davis. Another, by Mr. Thrift, is understood to be in course of publica

tion.