under the law of 1810. 12. Repealing the former laws. An additional act as to punishment of manslaughter in 1829. Rev. p. 156. (There seems to have been no statutory discrimination of the crime of killing a slave.) Rev. Code of 1852, c. 80, §§

25-35.

1829. An act authorizing the courts to grant licenses in proper cases for exporting and importing slaves. L. c. 144. 1831. A new Constitution' with a preamble attributing rights to "all men by nature," and that "for the due exercise thereof power is inherent in them," &c. Art. IV. sec. 1 limits the elective franchise to whites.

1832.-An act to prevent the use of fire-arms by free negroes, &c., allows certain exceptions, (by 1835, p. 338, licenses to use guns may be given; prohibited by 1843, p. 552; punishment enacted by 1851, p. 537;) provides to enforce the law of 1811 against immigration; prohibits meetings of blacks after ten o'clock; non-resident blacks may not preach. See Rev. C.,

c. 52.

1833.-Suppl. to an act on marriage. L. c. 194. License on marriage of free blacks not required, but certificate of freedom, and in case of the marriage of a servant or slave, the written consent of the master. Rev. C. p. 237.

1839.-An act suppl. to the criminal code. L. c. 214, gives discretion to courts in punishment of free blacks for larceny, and repeals so much as authorizes the sale of white convicts.

1841.-In L. c. 363, and 1843, L. c. 466, a distinction is made between black and white insolvents in their liability to imprisonment.

1849.—An act, L. c. 411, declaring it unlawful for any to remain in the State who have been convicted of having enticed slaves. An act in relation to idle and vagabond free negroes, L. c. 412, authorizes their being hired out to compulsory service for wages. —, c. 334. Suppl. to law of 1811, recites that numbers of resident free negroes are in the habit of leav

1 This Constitution is the longest and most minute of the State Constitutions. A resolution of 1841, Feb., L. p. 441, condemns the action of the Governor of New York in the controversy with Virginia, Ante, pp. 10, 61.

ing the State during the working season, who return within the six months allowed by law, and in destitution; limits to sixty days the time of absence. R. C. c. 52, sec. 1.

1851.—An act in relation to free negroes and slaves. L. c. 59, prohibits emigration (except as to Maryland and certain counties), under penalty of being sold. L. 1855, c. 257, declares fines for bringing in such, prohibits free negroes from political meetings, and from holding camp-meetings. R. C. c. 52, §§ 1, 2.

1852.-A Revised Code.' Ch. 45, 52, and 80, contain a reenactment in substance of the laws above cited. Ch. 97, §§ 30, 31, relate to jurisdiction of justices of the peace over offences of slaves. Ch. 80, §§ 20-24, provide for suits for freedom on petition and giving security for costs by next friend, to be tried in the Superior Court in "a summary way;" appeal allowed to the highest court; the master may be required to give security. Ch. 52, § 12, "no free negro or free mulatto shall be entitled to the privilege of voting at elections or of being elected or appointed to any office of trust or profit, or give evidence against any white person, except as is provided in chapter 107, or to enjoy any other rights of a free man, other than to hold property or to obtain redress in law or equity for any injury to his or her person or property." By c. 107, sec. 4, they are competent witnesses in criminal cases, cases of bastardy charged on a white excepted, when no competent white witness appears to have been present.

1857, c. 392, amend. c. 80 of code, increasing liabilities of railroads, &c., transporting slaves.

$555. LEGISLATION OF THE STATE OF NORTH CAROLINA. 1776, Dec. 17.-In the Declaration of Rights the franchises are ascribed to "all freemen," but sec. 19, that "all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences." Dec. 18.

There seems to be no act of Delaware empowering the Governor to surrender persons claimed as fugitives from justice under the Constitution of the United States. VOL. II-6.

Constitution adopted.' By sec. 7, 8, 9, the elective franchise is ascribed to all adult freemen, with certain qualifications in respect to domicil, without distinction of color. (Changed by Constitution of 1835.) Sec. 40. "That every foreigner who comes to settle in this State, having first taken an oath of allegiance to the same," may hold, &c., land, "and after one year's residence shall be deemed a free citizen."

1777, c. 2, sec. 12. Declaring that Indians, negroes, &c., shall be incapable to witness, except in suits against each other, and in prosecutions of colored persons. Amended by a law of 1821. Extant in Rev. St. (of 1837), c. 111, § 50; and Rev. Code (of 1854), c. 107, § 71.2 c. 6. An act to prevent domestic insurrections, and for other purposes, recites, "Whereas the evil and pernicious practice of freeing slaves in this State ought, at this alarming and critical time, to be guarded against by every friend and well-wisher to his country," prohibits manumission, except as by previous statute allowed (1741, c. 24, § 56), and prohibits slaves hiring themselves out. Additional are 1779, c. 12; 1788, c. 20. See Iredell's Law of N. C. ed. 1791. The existing law dates from 1830.

1778, c. 133. Declares "that all such parts of the common law as were heretofore in force and use in this State, or so much. of the said common law as is not destructive of, or repugnant to, or inconsistent with the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in the whole or in

"By a Congress of the representatives of the freemen of the State of North Carolina, assembled at Halifax, &c., for the purpose of establishing a Constitution or form of government for the said State." This Congress also performed the functions of an ordinary Legislature. Rev. St. Pref. x. State v. Manuel, 4 Dev. & Bat. 25. Gaston, J.:-"It is a matter of universal notoriety that under it [the first Constitution of North Carolina] free persons, without regard to color, claimed and exercised the franchise, until it was taken from freemen of color a few years since by our amended Constitution." Ibid. p. 26, that free negroes and free persons of color are entitled, as citizens, to the protection of sec. 10 of the Bill of Rights, and sec. 39 of the Constitution. But see post, the laws of 1831 and 1840.

2 State v. Samuel, a slave (1836), 2 Dev. & Batt. 177:-The marriage of slaves, "consisting of cohabitation merely, by the permission of the owners," does not constitute the relation of husband and wife so as to attach to them the privileges and disabilities incident to that relation by the common law. Hence a slave's wife may give evidence against him, even in a capital case.

part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force in this State." R. S. and R. C. c. 22. 1779, c. 5. For seizure and sale of cattle, &c., owned by slaves. Iredell, p. 378; R. S. c. 111, § 25, but not in R. C. of 1854. c. 7. Patrol law, increasing powers given by 1753, c. 6. Iredell, p. 388; R. S. c. 86, § 3; R. C. c. 83, § 3. c. 11. Declares death the penalty for stealing slaves or free negroes, or for inducing slaves to run away. Iredell, p. 370. Existing in R. S. and R. C. c. 34, §§ 10, 12.

1783, c. 14. Providing for summary trial and punishment of slaves for minor offences, by a justice of the peace. Iredell, p. 460. By 1842, c. 3, appeal to superior court is allowed. R. S. c. 111, §§ 41, 42; R. C. c. 107, §§ 32, 33.'

1786.—An act to impose a duty on all slaves brought into this State, by land or water. Sec. 1, in Potter's Dig. c. 249, imposes penalty to secure the return of slaves brought from States which might have passed laws for emancipation. (Other provisions superseded by the Constitution and laws of the United States.) Extant in R. S. c. 111, § 9; R. C. c. 107, § 7.

1787.—An act to prevent thefts and robberies by slaves, &c. Iredell, p. 609. Forbids slaves, &c., on vessels after sunset. R. S. c. 34, § 76; R. C. c. 34, § 93. Against entertain

ment of slaves by free negroes. R. S. c. 111, § 81; R. C. c. 107, $64. Against marriage of free negro with slave, without consent of the master. Such marriages absolutely forbidden by act of 1830, c. 4, § R. S. c. 111, § 61; R. C. c. 107, 877.

3.

1788, c. 7. Amending previous acts against dealing with slaves. Iredell, p. 633, with later acts existing in R. S. c. 34, $ 75, 77; R. C. c. 34, §§ 83-92.

1791, c. 4. On the same matter, also declares killing a slave, if malicious, to be murder. (By 1801, c. 21, clergy is taken away.) Penalty for enticing slaves to abscond. See R. S. c. 34, § 73; R. C. c. 24, 81. Punishment of slaves for forging passes. R. S. c. 111, § 21; R. C. c. 107, § 31.

1 State v. Bill, 13 Iredell, 373, as to what may be an offence in a slave.

1793, c. 5. An act to extend the trial by jury to slaves, with an act of 1794, c. 10, see Martin's Dig. ed. 1804. By 1807, c. 719, they are to be tried for capital crimes in county court. 1816, c. 912; 1825, c. 129; for felonies, &c., they shall be tried as freemen are. Extant in R. S. c. 111, §3 42-49, combining later acts, and in R. C. c. 107, § 34, declaring that for felonies, &c., they shall be tried as freemen are, the jury to consist of slave-owners.'

1794, c. 2. An act to prevent the further importation of slaves and indented servants of color into this State. Martin's Dig. Prohibits, with exception in case of owners coming to reside, or of citizens inheriting slaves held in other States.

c. 4. Recites the mischiefs from slaves hiring out to them their time and prohibits it; additional is 1802, c. 15. (See R. S. c. 111, §§ 31-33. R. C. c. 107, § 28.) The first of these acts, sec. 4, 5, and the second, sec. 2, with the act of 1816, c. 16, sec. 3, relate to assemblies of slaves, the authority of patrols: extant in R. S. c. 86, §§ 3, 33, R. C. c. 83, §§ 3,

30.'

1795, c. 16. An act to prevent any person who may emigrate from any of the West Indies or Bahama Islands, or the French, Dutch, or Spanish settlements on the southern coast of America, from bringing slaves into this State, and also for imposing certain restrictions on free persons of color who may hereafter come into this State. Martin's Dig. Forbids bringing negroes, as above, older than fifteen years. Free negroes are to give securities for behavior. Militia to be called out when any negroes may collect in arms. An act of 1796, c. 15, allows slaves to be brought in who may belong to residents near the Virginia and South Carolina boundaries.

1 The State v. Charity (1830), 2 Devereux, 545. On an indictment against a slave for a capital offence, the master cannot be compelled to testify; and if the master waives his privilege, has not the slave a right to object to evidence of confessions made by the master-Quare? See the opinions in this case as illustrating the effect of the relation between master and slave on the moral responsibility of each.

As to

2 State v. Clemons, 3 Dev. 472. State v. Clarissa, 5 Iredell, 221. As to discretion allowed to patrols see State v. O'Neal, 1 Hawks, 418. what is allowable on festive occasions, see State v. Boyce, 10 Iredell, 536; Matthew's case, 2 Dev. & Bat. 424.