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ted, &c. -, c. 82, and 1815, c. 145, contain new provisions for certificates of freedom, &c., required of free blacks for

election purposes.

1816, c. 45. An act concerning the maintenance of certain persons formerly slaves.

1817, c. 137. An act relative to slaves and servants, for the most part, is a more systematic arrangement of the existing law. The last section repeals the laws in the revision of 1813, above referred to. Sec. 9. Declares free any person imported who has been held as a slave. Exceptions in sec. 15 as to slaves of travelers, 16. Slaves held by persons coming to reside. 29. Re-enacts the law (1808) against kidnapping colored persons, and reciting, "Whereas persons of color, owing service or labor in other States sometimes secrete themselves on board of vessels while such vessels are lying in the ports or harbors of other States, and thereby subject the commanders thereof to heavy fines and penalties, therefore, 30. That it shall be lawful for all such captains, &c., to seize such person of color, and take him before any magistrate of a county, or, if in the city of New York, before the justices of the police office, and upon proof by oath or affirmation, to the satisfaction of the said magistrate or justice, that such person of color did, without his consent or knowledge, secrete himself on board his vessel, such magistrate or justice shall give a certificate thereof to such captain, &c., which shall be a sufficient warrant to send or carry such person of color to the port or place from which such person was so brought. Provided, that nothing in this section contained shall prevent such person of color, when brought before such magistrate or justice, from proving that he does not owe service or labor in another State."

Sec. 32. Enacts that every negro, mulatto, or mustee within this State, born before the fourth of July, one thousand seven hundred and ninety-nine, shall from and after the fourth day of July, one thousand eight hundred and twenty-seven, be free."'

In the case of Griffin v. Potter, 14 Wendell, 209, it had been insisted that this clause " was unconstitutional so far forth as it assumed to forfeit then-existing rights." In affirming the validity of the act, Savage, Ch. J., uses language which is interesting in connection with the question discussed in the last chapter (vol. I. p. 562), though also illustrating the confusion of ideas which has prevailed on this

1819, c. 141. An act to amend the above, substitutes more stringent provisions for the sections relating to exporting slaves or servants, and the kidnapping of free persons. Sec. 4. Permits owners who reside part of the year in this State, to carry away and bring back slaves.

1823, Jan. 1. Second Constitution. Art. II. sec. 1, prescribes qualification of electors, concluding, but no man of color, unless he shall have been for three years a citizen of this State and, for one year next preceding any election, shall be seized and possessed of a freehold estate to the value, &c., &c. (such estate not being required of whites). Art. VII. sec. 1, provides that "No member of this State shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers."

1824, c. 177. Relating to government of the Stockbridge Indians. Sec. 2. That no negro or mulatto shall vote in their councils.

1826, Nov. An amendment to the Constitution, extending the elective franchise, reserves the previous clause relating

subject. "It is contended that the statute, assuming to divest a vested right, is unauthorized and void pro tanto. It is a fundamental principle of our government that all men are born free and equal-that is, entitled by nature to equal freedom and equal rights. The regulations of civil society have qualified the rights of different portions of society. The best interests of the whole sometimes require that some shall be put under the guardianship and control of others. It is, therefore, by virtue of the arbitrary institutions of society, and by those alone, that one man has an interest in the services of another: property, strictly speaking, in the person of a human being cannot exist. A right in one man to the services of another, may, and, in a qualified form, does exist in every well-regulated society. The parent controls the services of his child, the guardian his ward, the master his apprentice. By what right? it may be asked. I answer, by authority of law -by force of the positive institutions of civil society. Is it not equally competent for the Legislature to say that an apprentice shall serve till twenty-eight as till twenty-one? Cannot the Legislature alter the paternal rights of a father, and give him the services of his child for the same period? The power of the Legislature over this subject is sufficiently ample to justify any act which can come in question in this case. When our government was first instituted, one portion of the population was in bondage to the other. Slavery existed by virtue of the laws which were in force previous to our political existence as a State. It could be justified only by necessity. It was at war with our principles, and, as the Legislature was of the opinion that there was no necessity for its continuance, a law was passed to operate upon those thereafter to be born. This, I apprehend, was done in tenderness to the prejudices of those who were tenacious of what they termed vested rights."

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Adopted by the Convention, Nov. 10, 1821.

to men of color, but otherwise extending the franchise to every adult male citizen, irrespective of property, taxes, &c.

1827, c. 312. An act against kidnapping persons other than negroes, mulattoes, or mustees.

1828.-Revised Statutes, Part III., ch. 9, Tit. 1, Art. 1. Relating to habeas corpus. Sec. 6. Authorizes the issuing the writ, by courts and officers, described in sec. 23, art. 2, of the same title,' in behalf of the claimant of a fugitive from service, &c. 7. Proof entitling to the writ to be by affidavit. 8, 9, 10. Proceedings on hearing. On failure to prove claim, the claimant to forfeit one hundred dollars to the alleged fugitive, and be liable for damages. 11. On the claim being made out, the court or officer to grant a certificate. 12. "Such certificate shall authorize the person having the same to remove such fugitive therein named, without any unnecessary delay, through and out of this State, on the direct route to the place of the resi dence of the claimant of such fugitive." 13. Fees, when to be paid. 14. "No justice of the peace, magistrate, or other officer appointed under the authority of this State, other than the courts and officers herein authorized to issue writs of habeas corpus, shall be authorized to grant any warrant," &c., or grant certificate. Penalty to the party aggrieved. 15, 16, 17. Notwithstanding the detention under the habeas corpus, the alleged fugitive may have his writ de homine replegiando, and Until final judgment on the latter writ, the proceedings under the habeas corpus to be suspended.' 18, 19. Prohibition and penalty against taking or removing fugitive otherwise than as here provided. -, Part I. ch. 20, Tit. 7. Of the importation into this State of persons held in slavery; of their exportation; of their services; and prohibiting their sale. Sec. 1. Per

These are: 1. The supreme court during its sitting. 2. During any term or vacation of the supreme court, the chancellor, or any one of the justices of the supreme court, or any officer who may be authorized to perform the duties of a justice of the supreme court at chambers, being or residing within the county, or, in certain cases, an officer of such authority in any adjoining county. In the case of Jack v. Martin, in 12 Wendell, 311, which occurred in 1833, habeas corpus was issued by the Recorder of the city of New York, under the Rev. Statutes; see the case post in Ch. XXIX.

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Suspended, but not vacated;-Ex parte Floyd v. The Recorder, 11 Wendell, 180.

sons held as slaves not to be brought into this State. 2. Last section not to discharge fugitives from other States. 3. Emigrants from other States may bring their slaves with them, if born after July 4th, 1796, and before July 4th, 1827. 4. Such slaves brought in since March 31, 1817, shall be free, but remain servants, males until twenty-eight, females until twentyfive years of age. 5. Such persons brought after passage of this law to serve only until the age of twenty-one. 6. Permits nonresidents traveling in the State to bring with them their slaves. 7. Privilege of persons resident part of the year. (Sec. 3-7 are repealed by 1841.) 8, 9. Against selling any person as a slave 10. Forbidding transfer of service of certain persons. 11. Certain contracts for service void. 12, 13. Against sending slaves or servants out of the State. 14. Inhabitants journeying may take servants, on certain conditions. 15. Persons of color owing service or labor in other States secreting themselves in vessels may be returned.' (These provisions are mostly re-enactments. See laws of 1801, 1810, 1817, 1819.) 16. "Every person born within this State, whether white or colored, is free; every person who shall hereafter be born within this State shall be free; and every person brought into this State as a slave, except as authorized by this title, shall be free."

Part. IV. c. 1, Tit. 2, art. 2, sec. 28-32. Declaring punishment of kidnapping, includes kidnapping to sell as a slave, or in any way to hold to service against the will.

1834, c. 88. Amending the above. Persons claimed as fugitives are to be supported by claimants, and the latter may be held to bail. R. S., Part III., ch. 9, t. 1, art. 1, §§ 12, 13.*

This provision held to be in violation of the Constitution of the United States, in Kirk's case, 1 Parker's Crim. R. 67, on the ground that Congress had legislated on the subject of fugitive slaves, and on the doctrine of Prigg's case.

2 The act passed 1822, c. 148, An act to provide for delivering up fugitives from justice, was repealed 1828, and its provisions re-enacted in R. S. Part I., ch. 8, Tit. 1, sec. 8-11, which authorize the governor to deliver any person charged with murder, &c., or crime, treason excepted, committed without the jurisdiction of the United States, which in New York would be punishable with death or imprisonment; but the governor shall require such evidence "as would be necessary to justify his apprehension and commitment for trial had the crime charged been committed within this State." An act of 1839, c. 350 (R. S., Part IV., ch. 2, t. 2, § 40-47), authorizes the commitment by magistrates of persons charged with commission of crimes in other States; the governor is there referred to as already empowered. As to the practice, see Hayward's case, 1 Sandford, 701.

1840, c. 225. An act to extend the right of trial by jury. Sec. 1. "Instead of the hearing provided by" the Revised Statutes last cited, on habeas corpus, "the claim to the service of such alleged fugitive, his identity, and the fact of his having escaped from another State of the United States into this State shall be determined by a jury." 7. If the finding of the jury be in favor of the claimant upon all the matters submitted, the court or officer before whom, &c., shall grant a certificate to take such fugitive and convey him to the State from which he fled; which certificate shall authorize, &c., as by sec. 12 of the law in the R. S. 8. If the finding of the jury be against the claimant on any of the matters submitted to them, "the person so claimed as a fugitive shall be forthwith set at liberty and shall never thereafter be molested upon the same claim; and any person who shall thereafter arrest, detain, or proceed in any manner to retake such alleged fugitive upon the same claim, or shall by virtue of the same claim remove such alleged fugitive out of this State under any process or proceeding whatever, shall be deemed guilty of kidnapping, and, upon conviction, shall be punished by imprisonment in the State prison not exceeding ten years." 9. The district attorney shall render his services to such alleged fugitive, or counsel shall be appointed by the court. 10, 11. Incidental provisions. 12. Requires a bond to be given by a claimant suing out habeas corpus for an alleged fugitive. 13. Repeals sections 15, 16, 17 of the title of the R. S. before given under the year 1828. 14. Who to preside at jury trial. 15. Commission to take testimony may issue. 16. "No judge or other officer of this State shall grant or issue any certificate or other process for the removal from this State of any fugitive, &c., otherwise than in pursuance of the provi

1 In a note to this section in the 4th ed. of R. S., vol. I., p. 793, the editors cite Prigg's case as establishing that all State laws calculated to interfere with Art. 4, sec. 2, 3, of the Const. of the United States, are unconstitutional, adding:Since that decision the Fugitive Slave Law of 1850 has been passed by Congress, "containing provisions repugnant to the whole of this act. It is therefore of no force; but as it never has been repealed, it is here inserted." It would be curious, indeed, should private persons undertake to decide on the possession of a power in dispute between those in one of whom it must be a power of sovereignty, and expunge from its code a rule which the State claimed to be within the scope of its "reserved" powers.

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