sions of this act;" penalty in such case. 17. Punishment for removing fugitives.' 18. The act is not to "apply to the relation of master and apprentice which may exist in any other State."

c. 375. An act more effectually to protect the free citizens of this State from being kidnapped or reduced to slavery. The governor is required "to take such measures as he shall deem necessary to procure" that any person kidnapped, &c., be restored to his liberty, and returned; is to employ agents. Their duty to take legal proceedings, &c.

In the trial of Allen, United States Deputy Marshal, at Syracuse, June 21, 1852, Judge Marvin charged, Pamphlet Report, p. 87: "The indictment is founded on the 17th sec. of the act relating to fugitives from service or labor, passed in 1840. In that section it is declared that every person who shall, without the authority of law, forcibly remove or attempt to remove from this State any fugitive from service or labor or any person who is claimed as such fugitive, shall forfeit, &c., and shall be deemed guilty of kidnapping.' He has interposed a special plea justifying his acts under the law of the United States, passed in 1850, known as the Fugitive Slave Act. He has set forth the proceedings by the Commissioner, the warrant issued by the Commissioner, and the arrest under the warrant. On the part of the defence, the validity of the State law under which the indictment is framed is questioned. It is insisted that it is in conflict with the Constitution and laws of the United States." Judge Marvin charged that the law of Congress was constitutional, and that the prisoner was not guilty of violating the State law, which he held was likewise in harmony with the Constitution of the United States. On page 97," Now as to the State law under which the defendant is indicted, I think the particular section upon which this indictment is founded is clearly constitutional. The act relates generally to proceedings before State magistrates and officers, when fugitives from service or labor are claimed. The act of Congress of 1793, confided the execution of the law to State magistrates as well as United States. Now as the State, by statute, has power to regulate and control the action of its own officers and agents (when this power is not limited by the State Constitution), it may entirely prohibit the State judge or court from using the judicial powers derived from the State, in execution of the law of Congress, and that leaves the execution of the law to the judicial power of the United States. It may also regulate the exercise of the State judicial power, when employed in executing the United States laws, being, however, careful not to provide or require anything conflicting with any of the provisions of the United States law. That, if the State court takes jurisdiction of the case, must be strictly followed.

"The section of the statute under which this indictment is found, provides that 'every person who shall, without authority of law, forcibly remove or attempt to remove from this State any fugitive from service or labor, or any person claimed as such fugitive, shall forfeit, &c., and shall be deemed guilty of the crime of kidnapping,' &c. This provision is not only constitutional, in my judgment, but is extremely proper, whatever may be said of other provisions of the act, upon which I am not called to express an opinion, and which I have not examined with sufficient care. This section makes it a criminal offence to attempt the forcible removal without authority of law. This is certainly constitutional and a very proper provision. It does not affect those who act under authority of law. This will include the Constitution and laws of the United States, as they are the supreme law of the land. The State should protect all its people, and every person in it, from unlawful seizure and removal."

1841, c. 247. An act to amend the Revised Statutes in relation to persons held in slavery. Repeals' sections 3, 4, 5, 6, 7, of Title 7, ch. 20 of the 1st Part of the Revised Statutes.' 1846.-A new Constitution. Art. I, sec. 1; Art. II, sec. 1, like the provisions of the court of 1822, already cited.'

$552. LEGISLATION OF THE STATE OF NEW JERSEY.

1776. In the first Constitution of the State, dated July 2, there are no formulated provisions in the nature of a Bill of Rights, nor any attribution of natural rights to all persons. The elective franchise is not limited to whites.

1781, c. 15. An act respecting enlistments, &c. In sec. 9 the enlistment of slaves, among others, is prohibited. Wilson's compilation, p. 205.

1786. Mar. 2. An act to prevent the importation of slaves, and for the manumission of slaves, under certain restrictions, and to prevent abuse. 1788, Nov. 24, an act supplemental to the last. See law of 1798.

Laws of New York 1842, p. 419.-Concurrent Resolution, April 11, 1842: "Whereas the Governor of this State has refused to deliver up, upon the demand of the executive authority of Virginia, alleged fugitives from justice, charged with the crime of theft, viz.: Stealing a slave within the jurisdiction and against the laws of Virginia. And whereas the Governor has assigned as the reason for such refusal, that the stealing of a slave within the jurisdiction and against the laws of Virginia, is not a felony, or other crime within the meaning of the second section of the fourth article of the Constitution of the United States. Resolved, That in the opinion of this legislature, stealing a slave within the jurisdiction and against the laws of Virginia, is a crime within the meaning of the second section of the fourth article of the Constitution of the United States."

Laws of 1857, 2d vol. p. 797.-Concurrent Resolution, Ap. 16: "That this State will not allow slavery within her borders, in any form, or under any pretence, or for any time however short. That the Supreme Court of the United States, by reason of a majority of the judges thereof having identified it with a sectional and aggressive party, has impaired the confidence and respect of the people of this State."

See Vol. I, p. 286. This recited that "all the constitutional authority ever possessed by the kings of Great Britain over these colonies was by compact, derived from the people," that all civil authority under the present king is necessarily at an end; recites the recommendation of Congress to the colonies to form governments (May 15, 1776), that "We, the representatives of the Colony of New Jersey, having been elected by all the counties in the freest manner, and in Congress assembled, have, after mature deliberation, agreed upon a set of Charter Rights, and the form of a Constitution in manner following, viz.: Art. 1. 'That the government of this Province shall be vested in a Governor, Legislative Council, and General Assembly.' The final clause declares that this Charter shall be null and void, if a reconciliation between Great Britain and these colonies shall take place," &c.

1796-7.-A law to prevent the importation of convicts, also repeals the colonial law of 1730.

1796.-An act for the punishment of crimes. Patterson's Laws, p. 208. Sec. 69, empowers courts, on conviction of any slave for offences not punishable with death, to impose corporal punishment not extending to life or limb, instead of the punishment provided in other cases. Rev. L. of 1821, p. 262. Crimes act, 1829, § 69.

1798.-An act respecting apprentices and servants. Patterson's L. 305. Rev. L. of 1821, 366.

March 14. An act respecting slaves. Patterson's Laws, p. 307. Rev. L. 369. Sec. 1. That every negro, Indian,' mulatto or mustee, within this State, who at the time of passing this act is a slave for his or her life, shall continue such during his or her life, unless he or she shall be manumitted or set free in the manner prescribed by law. 2. Slaves not to be witnesses, except against each other. 3, 4, 5. Against trading with, or harboring slaves. 6. Arrest of negroes without passes. 7. Slaves belonging to inhabitants of the other States, coming without license of their owners, may be taken up by any person in this State and be carried before the next justice of the peace, who is hereby authorized and required to commit such slave to the county jail, there to remain until the charges. are paid.' 8, 9. Against disorderly acts of slaves. 10, 11. Against allowing them to beg; selling them to such as cannot maintain them. 12. Penalty for bringing slaves into the State. Proviso. That nothing in this act contained shall be construed to prevent any person who shall remove into this

1 State v. Waggoner (1797), 1 Halstead, 375, that Indians may, as well as negroes, be slaves in N. J., but this is by statute.

There is a volume of reports of this State entitled, Joseph Bloomfield's Cases, relative to manumission of negroes, A. D. 1775-1793.

Gibbons v. Morse (1821), 2 Halstead, 254, under this act. Against master of ferry-boat for removing slave. Held, that in New Jersey all black men are presumed to be slaves until the contrary appears, followed in Fox v. Lambson (1826), 3 Halstead, 275. But in Stoutenborough v. Haviland (1836), 3 Green, 266, held, that this "presumption ought no longer to be admitted, both from the notorious fact that the generality of persons in this State are not in truth held as slaves now, as well as from the natural consequence which must be supposed to follow our statute for the gradual abolition of slavery.”

State, to take a settled residence here, from bringing all his or her slaves, or any foreigners or others having only a temporary residence in this State for the purpose of transacting any particular business or on their travels, from bringing and employing such slaves as servants, during the time of his or her stay here, provided such slave shall not be sold or disposed of in this State. 13. Citizens of the State owning slaves in other States, may bring them on filing certificates. 15. Persons may be indicted for cruel treatment of their slaves; punishment to be by fine, not exceeding forty dollars. 16. Owners required to teach negro slaves or servants, for life or for years, to read; under penalty. 17, 18, 19. Respecting seizure of vessels fitting for the slave trade. 20. Conditions on the removal of slaves from the State. Proviso. That the rule does not apply to persons removing to some other of the United States. (Rep. 1820.) 21-26. Regulating the manumission of slaves. 27. Free negroes from other States not to travel, or reside, or be employed, or harbored in this State without a certificate. 28. Free negroes of this State not to go out of their proper county without a certificate. 29. Provides for a trial by jury "when any habeas corpus shall be brought to remove any negro, mulatto, mestee, or Indian before the Supreme Court out of the possession of the persons claiming the service of such for life, years, or other term." 30. Repeals a number of acts, relating to slaves, of 1713, 1751, 1768, 1769,' 1786, and 1788, leaving this, apparently, to be the only statute on the subject.

p.

1799.—An act respecting workhouses; Patterson's L. 378. Sec. 5, 6. That any stubborn, disobedient, rude or intemperate slave may be committed to the workhouse by a justice, on the complaint of the owner, and payment of expenses.

1804. An act for the gradual abolition of slavery. Sess. L. p. 251. Sec. 1. That every child born of a slave, after the fourth of July, 1804, "shall be free," but "remain servants;" males until twenty-five, females until twenty-one years. Contains other provisions relating to maintenance. Amended by

1806, Sess. L. p. 668. Suppl. 1808, Sess. L. p. 112; 1809, Sess. L. p. 200; 1811, Sess. L. p. 313. Re-enacted, 1820.

1812.-Supplem. to act concerning slaves. Sess. L. p. 15. Repeals sec. 20; forbids the removal of slaves out of the State, but with their own assent or assent of parents, to be certified; provides for penalties and security.

1818-19.-An act to prohibit the exportation of slaves or servants of color out of this State. Sess. L. p. 3, Provides penalties, and slaves, &c., to be free. Excepts residents journeying and non-resident travelers. Repeals law of 1812. Suppl. ib. p. 31. Persons are also permitted to bring slaves for temporary residence.

1820. An act for the gradual abolition of slavery and other purposes respecting slaves. R. L. of 1821, p. 679. Consists of a modification of the existing enactments. Sec. 17. Allows the removal of slaves by owners in certain cases.

Supplement to census act, ib. 793, allows slave convicted of crimes to be sent out of the United States. A poor law. Sec. 6, 7, 8, ibid. 765, relates to settlement of children of statu-liberi, born after 1804. An act on elections, sec. 4, ib. 741, limits the elective franchise to "free, white, male citizens of this State."

1826. Supplementary to act concerning slaves, of 1798. Sess. L. p. 90; Harrison's Compil. 146. Repeals sec. 7, on the commitment of runaway slaves from other States. Authorizes any judge of "any inferior court of common pleas or justice of the peace," on oath of claimant, to issue warrant for arrest, and, "upon proof to the satisfaction of the judge," to deliver to claimant, with certificate.' Sec. 7. Requires a

1 The case in New Jersey Superior Court, Feb. 1836-The State v. The Sheriff of Burlington-was on habeas corpus for the colored man Nathan, al. dict. Alex. Helmsley. Hornblower, Ch. J., had allowed the writ returnable at chambers, and then remanded the prisoner, with instructions to the sheriff to have him, with the cause, &c., at the bar of the court. By the return it appeared that prisoner had been arrested on warrant issued by Judge Haywood, of the county of Burlington, and committed to the common jail of said county, at the instance of one who claimed him as runaway slave of an owner in Maryland. The case was argued by Mr. W. Halstead and Mr. Frelinghuysen for the prisoner, and by Mr. Clark and Mr. Brown for the claimant. The judges delivered opinions seriatim, all concurring in discharging the prisoner out of the custody of the sheriff; there was, however, much disagreement among them as to the proper extent of the discussion, for which reason, I believe, the case was not given in