565. LEGISLATION OF THE STATE OF ALABAMA.

On the admission of the State of Mississippi, in 1817, the eastern portion of the former Territory was organized as the Alabama Territory, in which the laws of Mississippi Territory continued.' No statutes affecting personal condition were enacted during the brief existence of the territorial gov

ernment.

1819, Aug. 2. Constitution of the State adopted.*

The declaration as to personal rights, and the sixth article on the powers of the legislature in respect to slaves are substantially the same as those of the Constitution of Mississippi of 1817; suffrage is limited to "white male persons." Sec. 3 of art. 6, provides that "any person who shall maliciously dismember or deprive a slave of life shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on like proof, except in case of insurrection of such slave."

1819. An act increasing the stringency of patrol law, Toulman's Ala. Dig. 639. See Code, § 983-1004.

1822. An act to prevent free negroes retailing liquors, Toul. Al. D. 642; Code, §§ 1036, 1037.

1823. An act to carry into effect the laws of the United States prohibiting the slave trade. Slaves imported shall be employed on public works or sold for the State. Toul. Al. D. 643. Modified in Code, §§ 2056-2063.

1824. An act for payment of residents being owners of slaves executed, except in case of insurrection. Modified in Code, $$ 3327, 3328.

that of South Carolina and Alabama. A similar Ordinance was passed by Georgia, Jan. 19, 1861, since printing the abstract of the laws of that State in this volume.

1 Mar. 3, 1817. An act to establish a separate government for the eastern part of the Mississippi Territory, III. Stat. U. S. 371. 6 B. & D. 209, provides for appointment of a governor and secretary by the President, with the consent of the Senate, and for a legislative council and assembly like that of the older Territory. 2 Beginning," We, the people of the Alabama Territory," &c., referring to the act of Mar. 2, 1819, to enable the people of the Alabama Territory to form a Constitution and State government and for the admission of such State into the Union on an equal footing with the original Štates, III. Stat. U. S. 489, 6 B. & D. 380. A Resolution, of Dec. 14, 1819, declaring the admission of the State of Alabama into the Union, recites that the people of the Territory, by a convention, had formed for themselves a Constitution and State government which is republican and in conformity with the principles of the articles of compact, i.e., the Ordinance of 1787, so far as applicable. III. Stat. U. S. 608, 6 F. & D. 554.

3 See ante, p. 145.

1826, Jan. 2. An act against trading with slaves. Code, § 3285., Jan. 14. Circuit judges authorized to hold court at their discretion for trial of slaves. Another act, Jan 7, 1832, 'for more speedy trial of slaves and free persons of color. See Code, § 3319. Dec. 20. Slaves and free persons of color for manslaughter on the body of another such, to be punished by whipping and branding. Ib. § 3314.

1827, Jan. 13. An act to prohibit the importation of slaves for sale or hire. Citizens of the State may purchase for their own use. This act is repealed by act of Jan. 22, 1829. An. L. p. 63.

1831, Jan. 31. Slaves or free persons of color, for attempt to commit rape, to suffer death. Code, § 3307.

1832, Jan. 16. An act to prevent the introduction of slaves into Alabama, and for other purposes. An. L. p. 12. Sections 1-8, 20, 21, relating to importation, are repealed by act of Dec. 4, of the same year. Ann. L. p. 5. Sec. 9. That it shall not be lawful for any free person of color to settle within the limits of this State; such, attempting settlement, declared punishable by whipping, and on further stay may be sold for life (changed in Code, § 1033, to imprisonment). 10. Prohibits, under fine, the attempt to teach any slave or free person of color to spell, read, or write. 10-24. Penalties for negroes writing passes; free blacks forbidden to associate or trade with slaves; more than five male slaves make an unlawful assembly; slaves may attend worship conducted by whites; slaves or free negroes may not preach, &c., to slaves, &c., unless before five respectable slaveholders, and the negroes so preaching, &c., to be licensed by some neighboring religious society. Clay's Al. D. p. 398. Code, §§ 1035, 1036, 1044. Code, § 1037, reads, "The preceding sections of this article do not apply to or affect any free person of color who, by the treaty between the United States and Spain, became a citizen of the United States, or the descendants of such."

1834, Jan. 17. County courts may authorize owners for meritorious causes to emancipate, provided that the emancipated shall remove out of the State, "never more to return," &c. Code, 88 2044-2048.

1835, Jan. 7. Against selling poisons to slaves, Code, § 3278. Jan. 9. In a penal law, "slaves shall be competent witnesses where free persons of color are charged," &c. Comp. Code, § 2276.

1839, Jan. 10. An act making persons, not being patrol or owner or agent, &c., who may assault slaves, "without just cause," liable to punishment as in assault on whites. Modified in Code, § 3300. -, Feb. 2. An act the more effectually to prevent free negroes and persons of color from entering into and remaining in this State. Sec. 6, 7. Repealed by act of 1840, No. 26, and further amended by act of 1841, No. 9, as to the city of Mobile, making it the duty of masters of vessels to report and of the Mayor to arrest free negroes. The other provisions appear to be included in penal Code of 1841, c. 15, § 21. On slaves, &c., Clay's D. p. 473, and see Code, Title Free colored mariners, providing for the imprisonment of such mariners and for punishment of captains neglecting to carry them away, by fine and imprisonment; bonds required. Code, §§ 1033,

1045-1051.

1843-4.-No. 38. Declares enticing away slave either for use or "to enable such slave to reach some other State or country where such slave may enjoy freedom," punishable by imprisonment for not less than ten years. Code, § 3128.

&c.

1844-5.-No. 222. Against trading with slaves at boats,

1849-50.-Nos. 14, 17. To suppress trading with slaves. No. 15. Against slaves selling spirituous liquors. Code, §§ 3281-3283. No. 18. Slaves, except for capital offences, may be bailed. Ib. § 3332. No. 19. For greater accuracy in commitment of absconding slaves. Ib. §§ 1023–1032.

1851-2.-Nos. 74, 75. Forbid sale of liquors to, and authorizing appointment of guardians for free persons of color. No. 414. Declares certain persons "citizens of this State as fully as they would be if they were not of Indian descent."

1852, Feb. 2. A Code containing the earlier provisions and resembling in substance the Codes of the older States. Sec. 2042:"The state or condition of negro or African slavery is established by law in this State, conferring on the master prop

erty in and the right to the time, labor, and services of the slave and to enforce obedience on the part of the slave to all his lawful commands. This authority he may delegate to another." 2043. "The master must treat his slave with humanity and must not inflict upon him any cruel punishment; he must provide him with a sufficiency of healthy food and necessary clothing; cause him to be properly attended in sickness and provide for his necessary wants in old age." 2052. Bond for costs required, on the part of the slave claiming freedom. 2056. Children under ten years of age not to be sold, under execution, without the mother nor the mother without the children, unless one of the parties in interest makes affidavit that his interest will thereby be materially prejudiced.'

1853-4.-No. 36. On practice, where slaves are witnesses. No. 52. On appointment and duties of guardians of free negroes.

1856.-An act requiring the residence of owner or overseer on plantation of more than six hands.

1858.-Laws on trafficing and gaming with slaves. An. L. pp. 35, 285, 291.*

Barlow v. Lambert, 28 Ala. R. N. S. 704; S. C. 5 Am. Law Reg.:-on hiring of slaves, and what is loss of slave's time if he dies, is of interest in view of the question whether slavery rests on custom or legislation.

A provision in this Code, §§ 3824-3837, directs the governor to surrender fugitives from justice on demand from other States. Toulmin's Dig. p. 226, gives a territorial law of 1814, giving similar power.

Jan. 11, 1861. A State Convention passes an Ordinance to dissolve the Union between the State of Alabama and other States united under the compact and style of the United States of America.

CHAPTER XIX.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED. LEGISLATION IN THE STATES AND TERRITORIES FORMED IN LANDS ACQUIRED BY TREATY OR CONQUEST; THE STATES LOUISIANA, MISSOURI, ARKANSAS, IOWA AND MINNESOTA; THE TERRITORIES NEBRASKA AND KANSAS, AND THE INDIAN TERRITORY; THE STATES FLORIDA, TEXAS, CALIFORNIA AND OREGON; AND THE TERRITORIES WASHINGTON, UTAH AND NEW MEXICO.

$566. LEGISLATION OF THE STATE OF LOUISIANA.

The territory on either side of the Mississippi River between the lands claimed by Spain and Great Britain on the east and by Spain on the west, to which the name Louisiana was given, in 1682, by La Salle, was held by France until 1762, when it was ceded to Spain. Possession under the treaty was not taken until 1769. The private law continued to be for the greater part such as had been established by the French.' The

1 See McLean, J., in Parsons v. Bedford, 3 Peters, 450. Crozat's charter, Sep. 14, 1712, provided, "Our edicts, ordinances and customs, and the usages and customs of the mayoralty and shrievealty of Paris shall be observed for laws and customs in the said country of Louisiana." 1 B. & D. 440. In 1769, 1770, by proclamation of O'Reilly, the Spanish governor, the law of public administration, including courts of civil and criminal jurisdiction, was exchanged for a system conformed to that of other Spanish dependencies. The law of crimes and punishments and of testaments was likewise changed at this time. See Proclamations in 1 Am. State Papers Misc. 362.