the United States from foreign countries. 26. That "no slave shall be imported into this State as merchandise," under penalty; but this is not to extend to immigrants who do not act in violation of sec. 25. By sec. 28, slaves shall be deemed real estate; but, by sec. 29, may be taken in execution.' This act contains a digest of the pre-existing law, and has, with amendments, continued to be the main act. Amending, as to disposal of slaves by will, are acts of 1800, c. 270, c. 282. An act of 1802, 3 Litt. c. 16, that slaves shall not be permitted to hire themselves out.

1798.-An act respecting the trial of slaves, 2 Litt. c. 144, provides for a jury before a court of three justices. An act of 1802-3 establishing circuit courts, constitutes five justices of the county court, with a jury, a court of oyer and terminer for the trial of slaves for capital crimes. See also 2 Litt. 308; 3 Litt. 399.

1799. A new Constitution. The Bill of Rights declares all freemen equal when they form a social compact. Art. 2, sec. 8, limits the elective franchise to whites. Art. 8, sec. 1, excepts negroes, mulattoes, and Indians from militia service."

1801.-An act that "slaves brought into this State for

1 Baltzell v. Hall, 1 Littell's R. 99. "Slaves, by nature, are chattels, notwithstanding all statutory provisions declaring them real estate." And see Carroll v. Connett, 2 J. J. Marshall, Ky. R. 201.

Art. X. sec. 1, corresponds with Art. IX. of the former. Sec. 2 provides that, "The General Assembly shall pass laws providing that any free negro or mulatto hereafter immigrating to, and any slave hereafter emancipated in and refusing to leave this State, or having left shall return and settle within this State, shall be deemed guilty of felony, and punished by confinement in the penitentiary therefor." (See act of 1807-8, sec. 3.) "In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law, except that the General Assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury." (See Jarman v. Patterson, 7 Munroe, 645.)

An act of 1803 respecting fugitives from justice, 3 Litt. 89; sec. 1, empowers the Governor to deliver up the person claimed when his identity has been determined by a justice. Supplemental is 3 Litt. 303. A new act in 1815, 5 Litt. c. 207, which devolves on the circuit judges the determination of the identity of the person demanded. An act of 1820, Sess. L. p. 856, is directed to the case of a demand from another State for a person who, on claim of ownership, should have removed from such State another as his slave alleged to have escaped from him. The act provides for a decision by a circuit judge, whether the person so removed by the person claimed as a fugitive from justice was the slave of the latter, and on that decision the person claimed by the other State is to be delivered up or discharged. M. & B. 745. See State of Ohio v. Forbes and Armitage, in 3 Western Law Journal (July, 1846), p. 370. An act of 1840, Sess. L. p. 114, authorizes the arrest, before demand made, of persons charged with crimes committed in other States. See 1 R. S. of 1860, 557, 8.

merchandise, or which shall be passing through this Stateę, by land or water," if executed therein for felony, are not to be paid for. 2 Litt. c. 344.

1808, c. 13. An act limiting actions in certain cases, 2 Dig. 764. Reciting evils from dormant claims to freedom, founded on the effect of certain acts of Pennsylvania and Virginia on slaves formerly within their jurisdiction.'

c. 17, Sess. L. An act to prevent the future migration of free negroes and mulattoes into this State. 3 Litt. 501. Prohibits the same and provides for the sale, for one year at a time, of such as may violate the provisions for their departure.

1810.-An act for the more effectual preventing of crimes, conspiracies, and insurrections of slaves, free negroes and mulattoes, and for their better government. 4 Litt. c. 235. Penalty of death declared for conspiracy to rebel, for poisoning, for rape on a white. (R. S. p. 638.) Trustees of towns, as well as justices, are empowered to punish slaves for misbehavior.

1814.-Amending the law as to importation and emancipation. 5 Litt. p. 293. Prohibits the importation of slaves except by persons intending to settle. See additional acts in 1818, Sess. L. p. 638; 1833, Sess. L. p. 258; M. & B. 1482; 1841, 1846, Sess. L. p. 70; 1849, Sess. L. p. 21; R. S. 629

1815.-An act giving owners a right of action against persons abusing their slaves, 5 Litt. c. 268. R. S. 634.

1822. An act directing the legal forms to be followed in

1 Amy v. The State (1822), 1 Litt. 326:-this act held not to violate either the State constitution or of that of the United States. The question principally considered was, who are citizens in view of the 4th art. of the Constitution of the United States. The majority of the court holding that blacks cannot be citizens; that plaintiff could not have been such in another State, "unless she belonged to a class of society upon which, by the institutions of the States, was conferred a right to enjoy all the privileges and immunities appertaining to the State;" that, from the general course of legislation and customary law in the several States, there is a presumption against any such being a citizen in any State. But it would seem that evidence might be given to show that it was so. Ib. 334. Mills J., dissenting, held the plaintiff a citizen, if emancipated in Pennsylvania before the adoption of the Const. of the United States, but waived "the question whether any slave emancipated in any manner since the adoption of the federal constitution can become a citizen because born here; and whether any State can provide for the emancipation of these creatures so as to make them citizens while Congress holds the power of naturalization.” Ib. 343. Comp. Taney, Ch. J., 19 How. 418.

emancipation, Sess. L., p. 260.

An act of 1823, Sess. L. c.

563, directs the county court, on the emancipation of slaves, to issue a certificate thereof. Acts of 1841, c. 92, 1842, c. 91, require bond against becoming chargeable, &c., to be taken thereafter, in cases of emancipation.'

2

1823.-An act to prevent the removal of persons of color who may be bound to service. 2 Morehead and Brown, 1293. An act of 1825, Sess. L. p. 137, provides for binding out poor free children of color. Sec. 4 of the same, that any negro not claimed as a slave may get free papers. An act to prevent masters of vessels and others from employing or removing persons of color from this State. Assembly acts, c. 675. Additional is act of 1827, Sess. L. p. 178. An act of 1831, Sess. L. 54, enacts that ferrymen on the Ohio river shall not set slaves over from this State.

1830.-An act amending the slave code. 2 Mor. and Br. 1302, 1480, declares penalties for enticing away slaves,' for concealing or assisting them in escaping, directs that slaves, if inhumanly treated, shall be taken from their masters and sold to others. An act of 1840, Sess. L. 123, that free negroes, &c., concealing slaves, shall be punished by whipping.

1834. An act that free persons of color convicted of vagrancy or keeping disorderly houses may be hired out for three months. 2 M. and B. 1221.

1835. An act to secure the reward of persons apprehending fugitives, Sess. L. 436. Another of 1838, increases the reward in such case, Sess. L. 158. An act to prevent dower slaves being removed from the State, Sess. L. 361. 1838.-An act prohibiting slaves from traveling, Sess. L.

155.*

1 1 Ned v. Beal, 2 Bibb. 298, issue of a woman who is by a will to be free, at a future time, born before that time are slaves. But the rule may depend on the question whether the condition of such woman is still that of chattel slave or of a legal person owing service. In the Roman law such persons (statu liberi, Dig. L. xl. t. 8, § 1) were still res, to whom the law of increase applied (Vol. I. p. 211, n.), but where bondage of a legal person has supervened, the doctrine may not apply. See Ruffin, J. in Mayho v. Sears, 3 Ired. 226; 1 Cobb on Slavery, 77, 78, and cases, and post, Del. law of 1810, and cases.

2

Gentry v. McMinnis, 3 Dana, 382, all of not less than one-fourth negro blood presumed slaves.

'See in 2 West. L. Journ. 233, case of Delia Webster, in 1844.

'As to liability of stage proprietors, Johnson &c., v. Bryan, 1 B. Mun, 292. VOL. II-2

1840.—An act regulating proceedings in suits for freedom,

Sess. L. 172.

1842. An act requiring jailors to arrested as runaway slaves, Sess. L. p. 76. subject in 1851, Sess. L. 7.

advertise negroes Another act on the

1846.-An act that the enticing slaves to run away or inciting to rebellion shall be punished by imprisonment in the penitentiary, Sess. L. p. 21. -. An act that free negroes

shall not manufacture or sell liquor, Sess. L. 54, R. S. of 1852, p. 643. Laws of 1856, Sess. L. 42, on sale of liquors, regulating slaves and free negroes.

1850.-An act making it a penal offence for any other than the owner to give a pass to a slave, Sess. L. p. 48; R. S. 634. A new Constitution. Art. II. sec. 8 limits elective franchise to whites. Art. XII. a bill of rights. Sec. 1, Declares the equality of "all freemen when they form a social compact." 2. Declares" that absolute arbitrary power over the lives, liberty, and property of freemen exists nowhere in a republic-not even in the largest majority." 3. Declares "the right of property is before and higher than any constitutional sanction; and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever." 4. "That all power is inherent in the people," &c., " that they have an inalienable right to alter, reform or abolish their government in such manner as they may think proper." In other sections rights are attributed to all "persons," and in others to all "citizens."1

1852.-Revised Statutes, c. 7. Boats, &c. Sec. 3. Liability as to escaped slaves.' Ch. 93, Tit. Slaves, runaways, free negroes, and emancipation,' contains the substance of the above laws. Art. 11 is an enactment against immigration of free negroes, in accordance with the constitutional direction, punishing such immigrating negroes by imprisonment on their remaining. Art. 1 declares "no persons shall be slaves in this State, except such as are now slaves by the laws of

1 Art. X. corresponds with Art X. of the preceding constitution. 2 Bracken v. Steamboat Gulnare, 16 B. Munroe, 453.

$ Cases on emancipation, in view of going to a free State,-Anderson v. Crawford, 15 B. Munroe, 339; Noon's v. Patton's Adm., ib. 583; Smith v. Adam, 18 ib.

this commonwealth, or some other State or Territory of the United States, or such free negroes as may hereafter be sold into slavery under the laws of this State, and the future descendants of such female slaves. 2. Every person who has one-fourth, or other larger part, of negro blood, shall be deemed a mulatto, and the word negro, when used in any statute, shall be construed to mean mulatto as well as negro." 3. Slaves, after this chapter takes effect, shall be deemed and held personal estate, &c. Amending are 1854, Sess. L. 163; 1856, Sess. L. p. 73; 1857-8, p. 5; and see R. S. of 1860.

$543. LEGISLATION OF THE STATE OF MARYLAND.

1776, Nov. 3. A Declaration of Rights. Art 3. "That the inhabitants of Maryland are entitled to the common law of England, &c., &c. In Art. 5, it is said, "Every man having property in, a common interest with, and an attachment to the community, ought to have a right of suffrage." There is no attribution of rights as inherent, natural, or inalienable. In Art. 17, "Every freeman " ought to have remedy, &c. In Art. 21, "No freeman ought to be taken," &c. By the Constitution, adopted Nov. 8, electors for delegates are "all freemen, residents," &c. An act of 1801, c. 90, altering the qualification, restricts suffrage to whites. See 1809, c. 83; 1810, c. 33. An act to prohibit the bringing of slaves Temporary. Amending are, 1791, c. 57;

1783, c. 23. into this State.

1794, c. 43, c. 66; a new act, 1796, c. 67.

1790, c. 9. Amending 1752, c. 1; and 1791, c. 75; concerning petitions for freedom; both rep. by 1796, c. 67.

1787, c. 33. Against slaves being permitted to hire themselves out. Suppl. see 1817, c. 104; see Code, Art 66, §§ 26-31. 1796, c. 67. An act relating to negroes, and to repeal, &c. Prohibits introduction of slaves generally, but exceptions as to persons coming to reside. (Exceptions are made by many public and private acts of later date. See 1797, c. 15; 1798, c. 76; 1812, c. 76; 1813, c. 55; 1818-9, c. 201.) Sec. 5. Against voting, &c., by slave manumitted since, &c., and receiving their evidence against whites. 12,13. Repeal 1752, c.1, and allow manumission by will. 14. "Whereas it is contrary