and residing in some of the non-slaveholding States, to interfere with the relations existing between master and slave in this State, and to excite in our colored population a spirit of insubordination, rebellion, and insurrection, by distributing among them, through the agency of the United States mail and other means, certain incendiary books, pamphlets, or other writings of an inflammatory and mischievous character and tendency." Sec. 1, declares the penalty of fine and imprisonment for any member or agent of any abolition or anti-slavery society, "who shall come into this State, and maintain, by speaking or writing, that the owners of slaves have no property in the same, or advocate or advise the abolition of slavery." 2 Code of '49, p. 745. Penalty for writing, printing, or circulating works denying the right of the masters, and enticing persons of color to insurrection, provides that postmasters may give notice, &c., and "that any postmaster knowingly violating the provisions of this act shall forfeit," &c. Code, c. 198.

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1838, c. 99. Enacting that free persons of color, leaving the limits of the State "for the purpose of being educated," shall not be permitted to return, &c. Code of '49, p. 747.

1840–1, c. 72. An act to prevent the citizens of New York from carrying slaves out of this commonwealth, &c. Sec. 1, 2. Prohibit the departure of any vessel owned or navigated by citizens of New York, or any vessel departing for New York, and not owned by a citizen of this State, before having been inspected, &c. 3. Security against violation of State law required. 4-11. Ancillary provisions. 12. Governor may suspend the law when notified that the Executive of New York will comply with the demand referred to, and that the law of New York, of May 6, 1840, entitled An act to extend the right of trial by jury, has been repealed.' This is amended in c. 88 of 1843, by substituting "willingness of the governor of New

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1 Bacon v. The Commonw. 7 Grattan, 602, as to evidence or indictment under this enactment. Commonw. v. Barrett, 9 Leigh, 665, the accused must be proved a member or agent of an abolition or anti-slavery society.

Preamble and resolutions, March 17, 1840, relative to the demand by the Executive of Virginia upon the Executive of New York for the surrender of three fugitives from justice. See 2 Seward's Works, 502–518, and post, ch. XXV.

York to surrender fugitives from the justice of this State," for the condition above stated. The above acts are repealed, except as to the county of Accomac, by c. 96 of 1846. present law as to vessels generally, Code, p. 730.

See the

1847-8.-A criminal code, c. 2, sec. 5, provides punishment of death for advising or conspiring with a slave to rebel, &c. c. 10, offences against public policy. Sec. 22-40, contain re-enactment of former provisions. 22-24, impose duty, under penalty, on postmasters to give notice, to some justice, of books, &c., received, tending to insurrection; empowers justice to burn the same and to commit the receiver, &c. 34-37. Various provisions against free negroes remaining in the State under penalty of being sold. 38-40. Punishment of whites instructing slaves. Rev. Code, c. 194.'

1849.-The Revised Code in which the existing law on this subject appears to be substantially re-enacted in a more systematic arrangement; with marginal references to the original date of the law and to the cases. See Title 30, slaves and free negroes, in several chapters, relates to their general condition. Title 54, Crimes and punishments; c. 198, Offences against public policy, sec. 22-40, and c. 200, offences by negroes. In c. 3, sec. 1, the right of citizenship of the State is limited to free white persons.

1851.-A Revised Constitution' preceded by the declaration of rights of June 12, 1776. Sec. V. art. 19, provides, "Slaves hereafter emancipated shall forfeit their freedom by remaining in the commonwealth more than twelve months after they become actually free, and shall be reduced to slavery under such regulations as may be prescribed by law."

A negro slave is a person against whom a free person may commit the offence of malicious or unlawful shooting, stabbing, &c., under the act of 9th Feb., 1819, Carver's case, 5 Rand. 660. Dolly Chapple's case; 1 Vir. Cases 184, under an act of 1803.

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* The historical notes of the compilers are also very valuable.

By art 20, "the General Assembly may impose such restrictions and conditions as they shall deem proper on the power of slave owners to emancipate their slaves, and may pass acts for the relief of the commonwealth from the free negro population, by removal or otherwise." 21. "The General Assembly shall not emancipate any slave or the descendant of any slave, either before or after the birth of such descendant."

. 1851.-March 31. An act to facilitate the recovery of fugitive slaves. 1. That whenever a slave shall escape from his owner or person having him in possession, if the county or corporation court of the county, wherein such owner or person resides, be not in session, it shall be the duty of the sheriff or sergeant, upon request in writing of such owner or other person or his agent, to summon a court to meet forthwith at the court-house of such county or corporation, to hear proof of the escape of such slave, and that he owed service or labor to the owner or person aforesaid, and to order such proof to be entered on the records of such court, together with a general description of the slave so escaping, with such convenient certainty as may be pursuant to the provisions of the tenth section of the act of Congress concerning persons escaping from the service of their masters, passed eighteenth September, eighteen hundred and fifty. 2. The clerk of such county court and the sheriff of the county shall then and there attend upon said court, which may consist of two or more justices of such county, and the said court when so organized shall be a court of record, and may be adjourned from time to time until the proceedings are closed. The sheriff, sergeant, and clerk aforesaid, shall be authorized to charge the owner or person aforesaid such fees as are allowed by law for like services, and collect the same as other fees are collected by them respectively.

1853, c. 55. An act establishing a colonization board and making an appropriation for the removal of free negroes from the commonwealth, i.e. to Liberia, and other parts of Africa. Sec. 5 levies a poll-tax on every male free negro between twenty-one and fifty-five years, to raise a fund for this purpose. (See the temporary act of 1850, c. 6.)

1856, c. 46. An act providing for the voluntary enslavement of the free negroes of this Commonwealth. Allows negroes above the ages specified to petition the courts, in order to become slaves of such master as they shall designate; the master to pay into court one half valuation of such slave, and give security, &c. The status of their children, already born, is not affected. c. 47. An act providing additional protection for the slave property of citizens of this Common

wealth. Relates to inspection of vessels leaving the State, &c. c. 48. Amends chapter 192 of the Code, increasing the penalties for the abduction of slaves, &c., c. 49. Amends chapter 105, by increasing rewards for the arrest of runaway slaves, including those in other States. c. 50. An act to prohibit citizens of Virginia from hiring their slaves in the District of Columbia. -, c. 51. An act to prevent the sale of poisonous drugs to free negroes and slaves.

1858, c. 29. An act providing for the employment of negro convicts on the public works. c. 47. Amending Code, c. 103, § 4, (see laws 1832, c. 22, § 3,) to read, "No free negro shall be capable of acquiring, except by descent, any slave." e. 62, and 1859, c. 36. Amending Code, in dealing with slaves.

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1859-60, c. 54. An act authorizing the sale of free negroes into "absolute slavery" who are sentenced for offences "punishable by confinement in the penitentiary.""

542. LEGISLATION OF THE STATE OF KENTUCKY."

1792, April 19. Constitution adopted by Convention. In Art. 3, no distinction is made between "free male citizens" in respect to the elective franchise. Art. 12. A declaration of rights contains no attribution of liberty as inherent, natural, or inalienable.' Sec. 1 declares "all men when they form a social compact are equal."

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Baily et al. v. Poindexter, 14 Grattan, 132: that slaves cannot elect to be free under a will declaring that they may elect between being emancipated or sold at public auction, because slaves have no legal capacity to choose. This case, decided January, 1858, may be referred to as a leading case on the status of slaves at the present time. Adams v. Gilliam (1855), 1 Patton and Heath, 161, that a will giving the choice to a slave to live with either of two persons mentioned, as he may from time to time prefer, is void. The law recognizes no condition between slavery and freedom.

* 1789, Dec., c. 18. An act of Virginia for the erection of the District of Kentucky into an independent State vests the elective franchise in the adult" free male inhabitants." 13 Hen. c. 14; 1 B. & D. 673. An act declaring the consent of Congress that a new State be formed within the jurisdiction of the Commonwealth of Virginia and be admitted into this Union by the name of the State of Kentucky, passed Feb. 4, 1791, recited the act of Virginia, and that "Whereas the people of the said District of Kentucky have petitioned Congress to assent," &c. 1 U. S. St. at L. 189; 2 B. & D. 191. No constitution for the State had as yet been framed. A convention in July, 1790, had voted unanimously in favor of a separation from Virginia; had fixed June 1, 1792, as the time; and had authorized the meeting of a convention to frame a State constitution. 1 Hildr. 2d Ser., 268. By Art. IX the legislature is declared to have no power to pass laws for the

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1792.—An act to prohibit dealing with slaves. 1 Little's Dig., c. 44.

1794. An act concerning the importation and emancipation of slaves. 1 Litt. c. 161. This is founded on Art. 9 of the Constitution. See 1 Litt. pp. 241-247, where also the earlier statutes of Virginia are given, as showing the former law of Kentucky, viz.: 1753, c. 2; 1778, c. 1; 1782, c. 21; 1785, c. 77, c. 78; 1786, c. 58; 1787, c. 37; 1788, c. 54; 1789, c. 45; 1790, c. 2. 1798.—An act reducing into one the several acts concerning servants, 2 Litt. c. 3, is like the laws of the older States.

1798. An act reducing into one the several acts for apprehending and securing runaways. 2 Litt. c. 2. This is an act collected from the existing Virginia laws.

1793.-An act to reduce into one the several acts respecting slaves, free negroes, mulattoes and Indians. 2 Litt. c. 63, sec. 1. That none shall be slaves, except such as were slaves Oct. 15, 1785, and their descendants. 11. That if any negro, or mulatto, or Indian, bond or free, shall at any time lift his or her hand in opposition to any person not being a negro, &c., declared punishable, before a justice of the peace, with thirty lashes.' 23. Repeals all laws heretofore in force respecting the importation of slaves. 25. Is against the importation of slaves brought into

emancipation of slaves without consent of the owners or without first paying a full equivalent in money," nor "to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State; that they shall pass laws to permit the owners of slaves to emancipate them" with the usual restrictions; "they shall have full power to prevent slaves being brought into this State as merchandise;" and "to prevent any slave being brought into this State from a foreign country," or those who may have been since Jan. 1, 1789, or thereafter, imported into the United States." They are also empowered to pass laws to oblige the owners" to treat them with humanity, to provide them with necessary clothing and provisions, to abstain from all injuries to them extending to life or limb," and in case of neglect, &c., to have them "sold for the benefit of their owners."

Ely v. Thompson (1820), 3 A. K. Marshall 73, this law, if not repealed by a later act on riots, &c., "as it subjects the free persons of color to punishment on the oath of the party, without trial, and without the possibility of contradicting and disproving his statements, is against both the letter and spirit of the State Constitution." The court says: "But we are still met by the argument that free persons of color are not parties to the political compact. This we cannot admit to the extent contended for. They are certainly, in some measure, parties. Although they have not every benefit or privilege which the Constitution secures, yet they have many secured by it. We need not take the trouble of inquiring how far they are or are not parties." The court also argues that aliens, though not parties any more, are yet protected by the Bill of Rights.