1 20 1326 https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/40123ad6e98478aec1961ed655db8052.jpg?Expires=1779926400&Signature=uGxjnAt9918-Fpbufhxd5iKmbpdPL51g6TvXEc7UaUwkUmnsyoQ1aHH331qR1%7EnrgQePDOE0b1Ji%7Ea2Ceb4hiuo7r-dBWDtQ00iyObuILxFbbxYnLT6I-j-SdP5W2V%7ELrU-tj-zNv78A95Sbte-zEQh2mJujmqgmn1%7EQdEs-wH3TKsFvK5i7E%7EIrbQb3oigymnWpudzuFUblotphHCwfsP6An8j4HTayc81Ci80KV1CgVNBQppq4aDiE4dK97cpnLk2-X8fiGh3rJsyDufMRxJuU5CBXSUJtWn-OBG9ETRyxeb-DNkPLh%7ESg9C8OeoENjYAn7OT30bZvsLmfR%7ECYWg__&Key-Pair-Id=K6UGZS9ZTDSZM 4edd4c1d4da412706e0734d34065a6b3 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Women's Suffrage Subject The topic of the resource Women--Suffrage Suffrage Women Description An account of the resource Materials from the Filson's collections concerning the United States Women's Suffrage movement. Source A related resource from which the described resource is derived Special Collections and Photograph Collections, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1879-1920 Rights Information about rights held in and over the resource The Filson Historical Society believes that the item is in the Public Domain under the laws of the United States but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries- please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Language A language of the resource eng Type The nature or genre of the resource Collection Publisher An entity responsible for making the resource available The Filson Historical Society, Louisville, Kentucky Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Votes for Women" streamer, Melville Otter Briney papers, circa 1915 Subject The topic of the resource Women Suffrage Social movements Description An account of the resource Page from the papers of Melville Otter Briney of Louisville, Kentucky. On this page is pasted a streamer that reads "Votes for Women," accompanied by a note: "I was a page at Mrs. Snowden's lecture." Otter is referring to the November 1915 lecture given by British feminist Ethel Snowden at the Masonic Theater in Louisville. Creator An entity primarily responsible for making the resource Briney, Melville Wortham Otter, (Mrs. Russell Briney) Source A related resource from which the described resource is derived Briney, Melville Wortham Otter, (Mrs. Russell Briney), 1899- Papers, 1858-1948. Date A point or period of time associated with an event in the lifecycle of the resource circa 1915 Rights Information about rights held in and over the resource The Filson Historical Society believes that the item is in the Public Domain under the laws of the United States but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries- please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Language A language of the resource eng Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context Mss. A B858 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1910s https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/22a9bed028c86cfb3d19a9e4f760b5cb.pdf?Expires=1779926400&Signature=d-qbIZXO52SpEpExhEmzgVwl9zHZocHbbLIsYG7rWspgo0JXpYPw5yL2zI-InTwsqXfyOy6vGkvXoyhuj2FSl8Oz6g0AEk5HThF1LLQAwFuXcizoEvULiPXEYjXqxwCeKptr9Vfp1iuByxWUbOiu2bg00kLVEwFcDZ7mf4NbkrY9Yl99F0fFTZo9ueYo1NpP4I1lcpCVdBT9jOg1HY%7ExzvI8Uc1uheSTQdFRPodcBLCW5omZ%7ER8pZVtSFyRC66luYx9u18%7EWRCR-NsffOK%7Eok8MG8kx4G7-VJuT42nv68MnOLuxnYFq5TIrXV1Phn7sscuSKPwRkbqXIEwCm0tESwA__&Key-Pair-Id=K6UGZS9ZTDSZM c4c0c7b49584929d9e66bf028aed6881 PDF Text Text National Council of Jewish Women Jewi s h Community Center OF CLUB 60 THE VOICE NOVEMBER, 1965 5725 A NEWSPAPER OF THE MEMBERS, BY THE MEMBERS AND FOR THE MEMBERS OF CLUB 60 DEDICATED TO THE ENRICHMENT OF LEISURE HOURS ARTS AND CRAFTS TOURS RHYTHM BAND & CHORUS SPECIAL EVENTS WOODWORKING SHOP SEWING DRAMA PAINTING BRUNCH CLUB GAMES COFFEE KLOTCH BANDAGE ROLLING CIVIC DUTIES KNITTING MONTHLY SOCIALS BRIDGE MOVIES CULTURAL PROGRAMS BASKET WEAVING PLANNING MEETINGS COMMUNITY SINGING GREAT RECORDS VOLUNTEER SERVICES Let us repay our older Americans for their sustained creative participation in our na­ tional and community life by providing them with a wide range of meaningful opportunities. Let us take all necessary steps to see that they have a real chance to enjoy health, love and a life of dignity. Let us find ways to employ the skill and wisdom that so many of our older Americans possess and long to share. Lyndon B. Johnson President of the United States �1 Reporters: Rae Solzman, Rose Levitz, Gertrude Davidson (Other contributors recognized elsewhere) Staff Consultant: Rosalie Brownstein CLUB 60 OFFICERS President 1st Vice President 2nd Vice President Treasurer Asst. Treasurer Recording Sec. Corresponding Sec. Sergeant at Arms Jack Gilbert Louis Merenbloom Rae Solzman Gertrude Davidson Ida Wells Rose Levitz Ann Gilbert Al Wells THANKS TO ASSEMBLERS OF LAST PAPER The following members helped get our newspaper together and ready for mailing Rae Solzman Rose Levitz Mary Wasserman Gert McInteer Sam Helman Sophie Miller Herman Greengard Esther Millen Gertie & Joe Davidson We’re happy that "Bud" Spero, Center Program Director, has been able to remove the cast from his ankle (autographs and all.) Congratulations to Doris and Jack Benjamin on the birth of their son, little Max. We’re glad to report that David Sagerman is recovering nicely from his recent bout with appendicitis. Welcome back to "Richie”, who with his wife Ree, spent an enjoyable vacation in New York where they visited with daughter Wilma, and other family. "Richie" of course, is Maurice Richlin, Administrative Assistant. SPECIAL EVENTS PRESIDENT’S MESSAGE Dear Members, We wish to thank all our friends and members of Club 60 and want you to know how much you have all done to boost our morale at the time of our accident. It is indeed encouraging and a great help for a speedy recovery. Hope you all keep well and that we have a nice season all together. Ann & Jack CENTER NEWS Mrs. Rae Spitz, who does so much for all of us, was fittingly honored for her devoted service by Mizrachi. She was the recipient of many heartfelt messages and tokens of appreciation on the big day. We join with Mizrachi in paying tribute to a grand person! Club 60 extends a warm greeting to new Center staff member, Alan Kottler. Alan, his wife Marjorie, and daughter Lynne are welcomed newcomers to Louisville. On July 20th in place of the Four Courts picnic that we give every year we had some inside entertainment for the residents. The Club 60 chorus sang a number of songs accompanied at the piano by Debbie Franklin, much to the pleasure of those present. There was dancing, singing, and hand clapping and we were thanked and invited to come back again. Renee Hoffman also played, to the joy of the guests. On Sept. 16th, on Senior Citizens Day during the Ky. State Fair, a bus load and some in cars went to the Fair where we met with other Senior Citizen clubs from all over the city and thruout the state. Contests were held for the club who came the furthest, the man with the baldest head, the oldest woman, the oldest man, the one with the most children, married the longest, the one with the most grandchildren, etc. Club 60 Rhythm Band entertained and as usual we got a big ovation. Community singing was led by Jack Gilbert. We ate our lunch and then were ready to leave for the Jewish Community Center. Before leaving some of us stopped and talked to the "Big Giant" and he promised to come to see us at Club 60. (Continued on page 2) �Special Events continued 2 On Nov. 3rd the Club 60 Rhythm Band visited the Twinbrook Nursing Home on Dutchmans Lane where they entertained the residents. As the sound of our music drifted thru the halls and rooms they came walking and in wheel chairs until the room was filled. One man, who seemed hardly able to walk, got up and tried to dance. We were thanked profusely by all, and asked again and again to come back soon. On Sept. 22nd in place of the usual monthly social, Club 60 had a box supper. 95 members attended. A delicious box supper, served at $1.00 to each member with the balance subsidized by Club 60, was enjoyed by all. It was to have been held outdoors but because of the rain was held in B2. Bingo was played and prizes given. Spontaneous singing and dancing and general enjoyment went on all evening until, all too soon, the evening was over. Hullaballoo - French Lick, Ind. By Gert McInteer On Sunday, Oct. 24th, 23 members of Club 60 set forth on what turned out to be a very pleasant sojourn for two nights and three days in the beautiful surroundings of French Lick, Ind. The highlight of our entertainment was a command performance by our very own Jack Gilbert and Isadore Kolber, which would take top billing in any Broadway show. The "Hospitality Room" with Debbie at the piano was a "fun center" for the trip. An enjoyable time was had by all, and those participating are eagerly looking forward to a repetition of the same. TOPICS OF INTEREST I'm sure you’ve all heard of the famous author, Sholom Aleichim, but did you know that his real name was Sholom Rabinovitz, His pen name,of course, means "Peace to You" or "How do you do". This beloved man was born in Pereyslaw, a town in the Ukraine. He died in N.Y. in 1916 at the age of 57. His grave in Brooklyn has become a shrine that many Jews visit each year. Years ago when Sholom Aleichim came to N.Y., Mark Twain was among the first to visit him. "I wanted to meet you" he said "because I understand that I am the American Sholom Aleichim". He wrote some 300 stories, 5 novels, many plays and a number of other works in Yiddish, his native tongue. His writings are permeated with a genuine and wise love of people and a fine, juicy humor. Selma Friedman SPECIAL ITEM To the Editors of "The Voice of Club 60" Wish to compliment you on your wonderful news bulletin. I started to read and could not put it down until all was read from cover to cover. Lucille M. Smith THE INQUIRING REPORTER QUESTION: What are the objectives of the Greater Louisville Council of Senior Citizens Clubs? ANSWER: Is Kolber, Council President The long range purpose of the Greater Louisville Senior Citizens Council that was recently organized in our city, is, among other things, to help improve the social and financial status of the Senior Citizens in our community. We hope that with the cooperation of all the Senior Citizen’s clubs, to formulate plans whereby we can get the necessary information to enable us to act in the capacity of a counseling and referral unit. Through the assistance of the Health and Welfare organization along with the able guidance of Mrs. Eugene Alexander and Mr. Arthur Kling, and by adhering to old slogan that in unity there is strength, we should succeed in obtaining our objectives. �3 WELCOME TO NEW MEMBERS Club 60 welcomes the following new members. We’re so happy to have you with us! Ethel & Alex Rosenbaum, David Morris, Esther Fischer, Lily Potash, Enid Krinsky, and Katherine Stern. CLUB 60 ALL OCCASION FUND Thanks for the following donations: Jennie Lipetz for her husband’s recovery. Rose Zegart for a new great grandchild. Sam Helman for his recovery. Fannie Jaffee for her recovery. Gertrude Diamond for Ann & Jack Gilberts recovery. Amy Bleier for being happy to be with us. Ruth Baum for her birthday. Julia Levi for her birthday. Rebecca Merenbloom for her birthday. Jennie Mash for recovery of Jack & Ann Gilbert. Selma Friedman for recovery of Jack & Ann. Jacques Wolff was born Jan. 10, 1903 the oldest of 5 sons of Arthur Wolff and his wife Aline Levy in the small town of Barr, Alsace (France) at the foot of the Vosges mountains. During World War I he helped his father in the latter’s wholesale grain business after school hours. He inherited from his father the love of the great out­ doors and remembers still the 6 hour hikes he took with him and his younger brothers up to the mountain tops, from where they enjoyed breath taking views for miles and miles around over the beautiful Rhine Valley. He graduated from high school at age 16 and in Nov. 1918 went to Paris to a business college and lived there with relatives. Back to Strasbourg, the big city where his parents had moved in the meantime, to provide a better education for his brothers, Jacques was drafted in the French Army where he soon became Master Sergeant. After his military service he went to work for an international grain co. in Antwerp (Belgium), where he spent 2 interesting years . Mary Wasserman in memory of Max Benjamin. Joe & Gertrude Davidson to be with the members. Jennie Vine for her birthday. Rene and Paul Leibreich for her return from the hospital. Rae Solzman for the recovery of Hyman. Mrs. Max Lipski made a donation because she was so thrilled to be with us at our meeting and seeing the wonderful work we do. Lucile Smith made a donation for the lovely card we sent her for her birthday. In 1926 Jacques went to Paris with his brother Albert, where they founded a wholesale and manufacturing steel drum business. At the same time their father and another brother also operated a similar business in Strasbourg. The Paris plant was 1/2 mile from the Le Bourget Airport, where Lindberg was to land after his historic flight. In 1930 Jacques went back to his home­ land, Alsace, to get an old sweetheart and take her back to Paris with him as his wife -- her name is Denise — and they have shared the same roof ever since. The wedding was quite an affair, as weddings used to be in Alsace when 2 old prominent families merged. 4 rabbis and 4 cantors attended the ceremony and Continued on page 4 �Profile Continued dinners, as did 300 friends and relatives. The young couple would have lived "happily ever after” but the neighbor across the French border thought otherwise. From 1936 to 38 were anxious years, and one could not help but fear what Hitler’s next move would be. In order to provide a haven for his whole family Jacques found for them a big villa in a remote village, near Chartres (France) far from railroad and industry. Just in time, for in 1938 before he could take them there, he was called in the Franch Infantry. His parents, aunt, 2 younger brothers, his wife, Denise, and 2 sons (the youngest 4 weeks old) spent anxious weeks there. For a short while he went back to work in Paris until late ’39 when Poland was over­ run and France went to war. Back went the whole family to the country place, which during the year had served as week end retreat (located l00 miles south-west of Paris.) This time all 5 brothers were drafted, 3 of them near the Maginot-Line. The 2nd youngest, was a doctor, who just had finished medical school and the youngest in Officer Cand. School. (By the grace of God all 5 came back alive this time.) In 1940 the 2 older ones were lucky to escape after several months in German prisoner camps. During the retreat Master Sergeant Jacques Wolff, the oldest of the 5 brothers was wounded on the road, by the same bomb which killed some of his buddies 2 yards away. He hitchhiked (at night) after leaving a deserted hospital, for 400 miles by truck and by foot, through spreading Nazi tank divisions. When he reached the Alp Mountains he joined a newly formed army unit which fought back the Nazi Army and stopped them temporarily. Near Grenoble (France). Of course, not without tremendous losses of human lives. Armistice came and after the fall of France he got in touch with the family through a cousin who lived in Southern France, and who served as liaison. Just then his uncle, the late Sol Levy of Louisville, Ky. U.S. of blessed memory, had undertaken steps to bring his whole family to this country. By 1941 the affidavits arrived for 13 members of the family, cosigned by Dr. Rauch, our beloved friend and rabbi, by Barry Bingham and Joseph Scholz, (Mayor at that time.) Unfortunately Jacques mother, who had been very ill the last year passed away 2 months before the family could leave. Also the 2 youngest brothers could not get transit visas from Spain. Brother Jean-Paul, the Dr. was later arrested, deported and lost his young life in a Nazi Concentration camp. He was then 30 years old. At last on May 2, 1941 they sailed from Lisbon, Portugal, on one of the last boats to cross the Atlantic. Already all other ports were in German hands, (The SS Excambion was sunk by submarines at the next voyage.) Finally he made it to Louisville, 10 persons in all from our 75 year old aunt to 21/2 year old Hubert, Jacques’ youngest son. We were greeted with open heart and open arms by our uncle Sol Levy and Dr. Rauch, who were the only Louisvillians we knew then. Both had paid almost yearly visits to the Wolff family in Strasbourg and in Paris. One of the first visitors who came to meet the ’’newcomers” was none other than Selma Kling herself, a very close friend of "Uncle Sol Levy," who himself was in Louisville since 1882, while his uncle was here since 1850. It was fortunate that all of us spoke English (except, of course, the small children). Jacques’ father passed away a short 2 months after his arrival here. He had suffered from a heart condition and those tumultuous lest years took their toll. Continued on page 5 �Profile continued 5 Jacques went to work for Uncle Sol in his wholesale business, the well known GouldLevy Co., of which he was an officer since 1942 and which many of you readers knew so well. For 22 years it was work from morn' to night, until illness forced him to give up the business. His sons, Francis, married to Betty Bass, of Louisville, and father now himself of 3 sons went in the business of his father in-law, (Louisville wholesale liquor co., Dave Bass). His 2nd son Hubert is an automobile salesman. Jacques is retired now at 62. He hopes to enjoy the fruits of his labors to live in good fellowship and friendship with all, especially the Club 60. Lets hope it is really not later than we think. Activities and hobbies he likes most during all these years of Freedom and Security in this beloved country include: Singing, Jacques was active for years in the old YMHA Chorus (Later J.C.C. Chorus), the French Club, fencing, bowling, oilpainting, fishing, and boating on the beautiful Ohio and his scenic farm over­ looking Rough River Lake. Thank Heaven .. and God Bless America! Editorial Note: It would be presumptious to add anything to this beautiful bio­ graphical sketch but we can't go to press without expressing our own thanks that Jacques Wolff and his family came to America, to Louisville and to Club 60. Jacques and Denise, and of course Eugenie Hirsch, are very dear to us, and words cannot express what it has meant to us to be associated with them. TIMELY TIPS You can eliminate lint, streaks and smudges on stainless steel and chrome by washing first with warm soapy water, then wiping with paper towels. despite the manufacturer's directions, it's safer not to put your electric blanket in in automatic washer or dryer, says Consumer Bulletin Magazine. Use a one-pound coffee can with close fitting lid as a sort of hobo cover for baking potatoes. Wash, but do not dry, two small potatoes, place in can and close lid. Set on gas burner with medium low flame and don't open lid until done. Potatoes baked to a turn in 20 to 25 minutes. When defrosting a refrigerator, place four to six pages of newspaper on bottom of freezer section. Put another eight pages or so into the water tray under the freezer. Practically all water is soaked up. Sturdy hand rail slides on over edge of bathtub and grips tight with four plastic-sleeved, nonmarring arms, It can be purchased for about $5. To cut shelf paper neatly, put the roll in a discarded waxed paper or foil box. The serrated metal cutter enables you to tear off sheets evenly. MAZEL TOV Congratulations : Congratulations to Is Kolber, newly elected President of the Greater Louisville Senior Citizens Council. (We have heard through the grapevine that Mr. Kolber is doing an excellent job as head of this much needed council.) The Advisory Committee of the Council is also to be congratulated on having Arthur S. Kling as Chairman. Mr. Kling has done a great deal to get the Council organized and functioning. On the engagement of Jane Wasserman to Roy Hyman. Roy is the grandson of Ida Hyman. To Rae & Hyman Solzman, who have a new grandniece, Melissa Lynn. Parents are Mr. & Mrs. Donald Gordon. Melissa Lynn is also great granddaughter of Celia Gerber. Rae & Hyman Solzman on the birth of a great grandson, Steven Marc, The proud parents are Mr. & Mrs. Bert Geer of Nashville, Tenn. continued on page 6 �9 Did You Know continued That Club 60 has put in 226 hours already this season on community service projects. That the prizes for the United Appeal luncheons were made in Club 60s workshops. That since our woodshop started making the Therapeutic Backboards about 20 have been sold to grateful and satisfied customers. Thanks Herman and Sam. That Herman Greengard repairs any damage to Club 60s piano - as fast as it occurs. Dr. Allan Myers, son of Esther Zimmer­ man is Four Coutts dentist. The patients are very proud of Allan. David Kling has been elected president of the Jewish Vocational Service. 21 years ago his father, Arthur, was its first president. Susan Meyer, daughter of Til, was in the play "Miracle Worker" at Adath Israel Sisterhood meeting. She gave a beautiful performance. That Sam Helman got a wonderful write up in the Louisville Times in September. (We’re proud of you Sam - and of the wonderful work you do.) Marcia Tarbis, Jaffe and Anna Keller" in the Susan, and also mance. That Club 60 furnished the entertainment for the Nov. 15th meeting of the Council of Jewish Women. Ada Bleicher was honored as the 1965 Woman of Valor at the Mizrachi banquet. That Bea Rouben brought ice cream and cake for the members on Tuesday, Nov. 2 in honor of her anniversary. That the Rhythm Band entertained the residents of Twinbrook Nursing Home who thoroughly enjoyed every minute of it. That Cherie Hinerfeld, niece of Rose and Sam Levitz and Sophie Miller was chosen as a representative of Louisville Brandeis Bnai Brith Girls at Starlight, Penn. Mr. & Mrs, William Fischer celebrated their 25th wedding anniversary. They are the children of Esther Fischer. Sol Waldman conducted the holiday services at Four Courts. Ronnie Snyder, grandson of Rose Jaffee and Rose Fisher was speaker for the Anti Defamation League of the Bnai Brith at Holiday Inn. Ann Tarbis, Daisy Meyers, and Fannie Marcus were contributors to the "Four Courts" paper. Gertrude Diamond is one of the Chairmen of the J.N.F. Blue Box Collection. granddaughter of Fannie Tarbis, played ’’Helen "Miracle Worker" with gave a beautiful perfor­ Rose Levitz, Esther Millen, Joe Davidson, and Bea Rouben furnish transportation to Four Courts residents. HAPPY BIRTHDAY TO THE AUGUST CELEBRANTS Selma Bayer Celia Kommor Alec Bierman Fannie Levy Lena Cerf Rose Liebreich Gertrude Davidson Lily Potash Max Fishman Bertha Raff Ann Gilbert Isaac Tanenhaus Jack Gilbert Rose Urbach Eugenie Hirsch Ida Wells Alice Koch HAPPY ANNIVERSARY TO THE AUG. CELEBRANTS Mr. Mr. Mr. Mr. Mr. Mr. Mr. & & & & & & & Mrs, Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Manuel Block Wolf Diamond Max Fishman Louis Glazer Eric Silver Abe Silverstein Isaac Tanenhaus HAPPY BIRTHDAY TO Ruth Baum Sarah Berlinsky Fannie Bornstein Fanny Cohen Rose Fisher Norman Frehling Celia Gerber Bertha Glazer continued IE SEPTEMBER CELEBRANTS Bea Goldstein Sarah Karp Julia Levi Lee Margulis Ida Lipschutz Palmir Markus Rebecca Merenbloom Sophie Miller on page 10 �10 SEPTEMBER BIRTHDAYS Continued CONDOLENCES - OUR HEARTFELT SYMPATHY Yetta Rowe Belle Waterstone Eugenie Shaikun Fanny Witz Mendel Snyder Denise Wolff Flora Stark Sam Miller David Morris Condolences to the family on the death of Max Benjamin. Club 60 joins you in griev­ ing his loss. Our sympathy to Mr. & Mrs. Ben Carmen on the death of her brother Sam O’Koon. SEPTEMBER ANNIVERSARY CELEBRANTS HAPPY ANNIVERSARY TO: Mr. Mr. Mr. Mr. Mr. & & & & & Mrs. Mrs. Mrs. Mrs. Mrs. Joe Brownstein Norman Frehling Harold Friedman Joseph Levine Leo Margulis HAPPY BIRTHDAY TO THE OCTOBER CELEBRANTS Hannah Cohen Herman Cohen Rose Cohen Bertha Franklin Abe Glazer Tillie Gross Ida Hyman David Karp Minnie Khourt Selma Kling Reba Kushner Isadore Levitan Esther Millen Jennie Melnick Louis Merenbloom Eda Rosenson Betty Schwartz Hannah Segal Ed Shaikun Bertha Simon Paula Tandetta Jennie Vine Sol Waldman HAPPY ANNIVERSARY TO THE OCT. CELEBRANTS Mr. & Mrs. Max Cohen HAPPY BIRTHDAY TO NOVEMBER CELEBRANTS Julia Benjamin Lottie Silverstein Rosalie Brownstein Jennie Simon Doris Kimmel Lucille Smith Sam Miller Nathan Snow Adolph Preis Jack Traugote Abe Shaikun Mary Wasserman Ethel Rosenbaum HAPPY ANNIVERSARY TO NOV. CELEBRANTS Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. & Mrs. Max Fisher & Mrs. AbeGlazer & Mrs. SamGold & Mrs. Arthur Kling & Mrs. BenRouben & Mrs. Jack Schwartz & Mrs. Nathan Snow & Mrs. Hyman Solzman & Mrs. George Potash Condolences to Lee Margulis on the death of his sister in West Orange, N.J. * ! Dur sympathy to Mrs. Alex Bierman on the death of her sister, Mrs. Goldberg Our condolences to Minnie Kaplan and Anna Kasdan on the death of their brother Jack Epstein. CONVALESCENT CORNER -GET WELL SOON YOU ALT We’re glad to report that Hyman Solzman who had surgery on his foot is now fully recovered. Jake Fishman who has been ill is now at Melrose Nursing Home. Glad to report that Jack and Ann Gilbert who were in an auto accident have now recovered and are back with Club 60. Charlotte Chitlik who has been in the hospital is now feeling better and is at home. We hope she will be able to return to Club 60 soon. Sam Miller who has been in the hospital is now feeling better and is at home. Glad to see Bertha Morris back at Club 60. She has been ill. Welcome back to Fannie Jaffee who has been ill. Keep coming Fannie. We missed you. Eva Ernst is now well enough to be out again after being ill. Sorry to report that Rose Liebreich is ill at home. Hope that she will soon be well enough to come back to Club 60. Jack Traugote who had surgery is improving and is now at home. We hope he continues to improve and will soon be out again. continued on page 11 �11 Convalescent Corner continued Sorry to report that Pauline Rosenthal is in the hospital. Hope she will soon feel better and come to see us. Yetta Cohen is in the hospital. We hope that by the time this paper is printed she will be well enough to go home. Marion Malve is ill at home. Lottie list. Get well soon. Silverstein is still on the sick Sig and Erna Ehrlich both of whom had been ill in the hospital, have now returned home where they are recouperating. Hope to see them back with Club 60 soon. The sign on their hospital room door read "The Honey Mooners". Lena Cohen, one of our faithful volunteers, who has bean ill is well enough to be back with us. Fannie Bornstein who has been ill is now well enough to be out again. Sorry to report that Hattie Knopf is still ill. Hope she will be able to come back to Club 60 soon. 1 1 4 % 4’eggs 3 tsps baking powder cup oil 3 tsps vanilla or cup sugar almond flavor cups flour 1 cup almonds, tsp. baking soda blanched and chopped Beat eggs and sugar together until light and creamy. Add oil, flavoring, then dry ingredients. Mix thoroughly, Knead with flour on hands. Devide into 3 separate pieces. Roll each piece into long strips. Place rolls close together on cookie pan. Bake in 350 to 375, one half hour or until light brown. Remove from oven and slice. Return to oven and toast. by Rae Solzman Fanny Levy is now feeling better after an illness and we hope she will be back with us soon. Tillie Gross who has been sick is feeling much better. Selma Kling spent a few days in the hospital but is OK and back with Club 60 as usual. Minnie Khourt who has been ill is feeling better. She is now making her home at Four Courts. Glad to report that Mary Katz who has been ill has now recovered. Mary Wasserman who has been ill is now recovered and back at Club 60. Emma Kaplan who has been sick is feeling better. Esther Lubalin who had an eye operation is getting along just fine. August 5 - Guest speaker was Mr. Arthur Writers, who is the Director of National Employment of the Urban League. The National Urban League was established in 1910 and in Louisville in 1920. One of Mr. Walter’s many duties is finding job opportunities for Negroes, who lack past experiences and need training for these new jobs and are given on the job training. In this way they will be an asset instead of a liability to the community. Dora and Max Fishman were the hosts. August 19 - The days guest was Mr. Lewis D. Cole, who very graciously showed beautiful slides of his recent travels to Africa and South Arabia. While showing continued on page 12 �12 the slides Mr. Cole explained the back­ ground of the people and places that were portrayed on the slides. Thank you Mr. Cole. They have only one season all year and raise only tropical fruit. Apples, oranges and grapes must be imported and are considered a luxury. The host for the day was Gertrude Diamond. Her talk was enjoyed by all present. Then we were privileged to see Dannye Kays movie "Assignment Children" made for U.N.U.C.E.F. September 9 - We were treated to have Arthur Kling to be the speaker for the day. He spoke of "The Plight of the American City" how the population in small towns were moving to the larger cities, also how the cities population and businesses moved from the heart of the city to the suburbs and the effect it had on the cities. Sophie Miller was the hostess. September 23 - Mr. Scott Watkins explained the Bond Issue which will be used for General Hospital, U of L, Medical School, Dental School, Public Library, Public Parks, Junior Colleges, etc. He urged everyone to vote yes for the Bond Issue. Guest speaker was Mr. Irving Lipetz who explained the new Medicare benefits. He also informed us that all persons over 65 are covered for hospitalization regard­ less whether they are receiving Social Security checks or not at the present time. Al Goodman projected the camera. Fannie Shereshewsky was the hostess. November 4 - Mrs. Sidney (Til) Meyers introduced Mrs. Sarah B. Holmes, who was formerly Dean of Women at the University of Kentucky, now a retiree. Mrs. Holmes is still a resident of Lexington. She gave a most informative talk on the subject "An Inside Look at Retirement". She suggested that senior citizens should try to live near transportation, shopping and activities. Also one should be careful of frauds and quack doctors. We all feel we gained much from Mrs. Holmes Talk. Thank you. Mr. Kling then introduced Mrs. Alexander of the Health and Welfare Dept. who spoke of what publicity was being done on senior citizens groups and what they offer. Selma Bayer was hostess. October 7- Our charming guest was Ruth Fonaroff, who spoke oil integration in Israel. She told of their immigrants coming from 101 different countries and about 88 different languages are spoken. The children start attending school at the age of three and four years. A great deal of the integration takes place in the army. The largest task is the mixing of the poor class who had little or no education with the cultured and educated groups. We thank Ruth for the wonderful and informative talk. Selma and Arthur Kling were hosts. Betty Schneider and Jennie Mash were hostesses. July 15 - Our old friend, Ira Ehrlich, came to bid us Good Bye as he and his family were moving to St, Louis where Ira will attend the Washington Univer­ sity in order to receive his doctorate degree. Good Luck Ira. May you have continued success in all your future endeavors. Next we were shown slides of some of the past socials, picnics, conferences and the New Years Party of Club 60. What fun it was to reminisce over past good times and recognizing this person and that one on the slides. October 21 - Everyone was charmed with our guest, Miss Lavinia Loo, a native of Ed and Eugenie Shaikun were hosts. Formose, China. She is here attending classes at the University of Louisville. Miss Loo gave a very interesting talk about her country and some of their customs and how they celebrated their major holidays. �13 BRUNCH CLUB A new Club 60 activity - the "Brunch of the Month" Club had its opening session, Thursday morning, Oct. 28, at 10:15. Fifth-five people sat down to a delicious brunch, prepared and served by a committee of members and volunteers under the chairmanship of Ella Gold. Guest speaker was Reverend Syngman Rhee, a native of Korea and presently a chaplain at U of L. Rev. Rhee gave us an excellent picture of life in Korea, and of his own participation in the war, subsequent escape, and separation from his family. Both the brunch and the speaker were well received and reservations are coming in for future "Brunch of the Month" meetings. EDITORIAL COMMENT As we go to press - several exciting events are ’’coming up” but we adhere to our policy of printing only what’s already happened. Watch for more news next time! HAPPY TO THANKSGIVING ALL �THE VOICE OF CLUB 60 JEWISH COMMUNITY CENTER 3600 DUTCHMANS LN. LOUISVILLE, KY. 40205 Mr. David R. Bass 1703 So. Brook St. Louisville 8, Ky. Non-Profit Org. U.S. POSTAGE PAID Louisville, Ky. Permit No. 510 (B) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Holocaust and the Ohio Valley, 1920, 1933-1990s Description An account of the resource This collection consists of documents and photographs related to Jewish experiences in the Holocaust and World War II, Jewish American efforts to support refugees, and historical memory of the Holocaust in Kentucky and Southern Indiana. This digitization project is in partnership with the Louisville Ballet's <em><a href="https://www.louisvilleballet.org/a-time-remembered/" target="_blank" rel="noreferrer noopener">A Time Remembered</a> </em>performance, which marks the 80th anniversary of the liberation of Auschwitz-Birkenau. <div><br />Holocaust-era family documents center on the Wolff, Levy, and Ackermann families who escaped to the United States from France and Austria, and ultimately settled in Louisville. Passports provide photographs of the family members and track their movements through countries. Letters document their efforts to navigate the administrative barriers to passage, and the tragic fate of relatives who were not approved to leave.<br /><br />Records from the National Council of Jewish Women, Louisville Section document the organization's activist work in fundraising for and directly serving refugees in the city, and political organizing around national immigration policies and economic boycotts of German-made goods. The collection includes sample correspondence from national organizations and individuals who supported and were against Zionism in response to the violent antisemitism of the Holocaust. <br /><br />The final items in the collection document Holocaust memorial events in the 1990s. Invitations, photographs, scripts, press releases, and articles represent the memorialization work of the Jewish Community Center, Jewish Community Federation of Louisville, <span>Louisville Ballet, Louisville Orchestra, and other  organizations.</span></div> <br />This project was generously supported by the Jewish Heritage Fund.<br /><br /><a href="https://jewishheritagefund.com/" target="_blank" rel="noreferrer noopener"><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /></a> Source A related resource from which the described resource is derived The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1920, 1933-1990s Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. A L668 Folder 08 Item 02 Title A name given to the resource <em>The Voice of Club 60</em>, November 1965 Creator An entity primarily responsible for making the resource Club 60 (Louisville, Ky.) Description An account of the resource Newspaper of the Louisville, Kentucky, Jewish Community Center and National Council of Jewish Women's Club 60. The publication includes an article beginning on page 3 that details the youth, immigration, and subsequent settling of Jewish Frenchman Jacques Wolff (1903-1977) in the United States. Includes his service in the French army, and his personal losses to the German army and the Holocaust, after which he was able to work in wholesale business in Louisville, Kentucky. Jacques was the husband of Denise Wolff, one of the founders of Club 60. Pages 6-8 are missing from the original version in the Filson's collection. Date A point or period of time associated with an event in the lifecycle of the resource 1965 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1960s Subject The topic of the resource Wolff, Jacques, 1903-1977 France Jewish Holocaust (1939-1945) Emigration and immigration Immigrants World War, 1939-1945 Jewish refugees Jews Jewish families Jewish businesspeople Soldiers Wolff, Denise Hirsch, 1909-2000 Format The file format, physical medium, or dimensions of the resource newspaper article Type The nature or genre of the resource Text Language A language of the resource eng Source A related resource from which the described resource is derived Mss. A L668, Folder 8, Levy-Wolff Family Papers, The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). <a href="http://rightsstatements.org/vocab/InC/1.0/" target="_blank" rel="noreferrer noopener">http://rightsstatements.org/vocab/InC/1.0/</a> Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit <a href="https://filsonhistorical.org/collections/order-reproductions/" target="_blank" rel="noreferrer noopener">https://filsonhistorical.org/collections/order-reproductions/</a> https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/a081b45c321f306ebaee211f67937233.pdf?Expires=1779926400&Signature=vA71MpvxCbZ4xT0Oe%7E6AN4bCg6K26CrQIKfzoCyk0vboRVKs0rSzqPkF6l%7EVd0DEXtEjCtPo7v1xBKT6U5W9c3zAAySZmsNjMO9Odv9sr5pJrDEkLyyIPWPTOOcPX8vVRYD8I9%7E12b1Q4Uavs27xo5C58Rz0EKl5mOGX5yhXWmh8eYk7LYF1J81jLkgnYpZHIO6gfgeQZuy8S6k31UfMeUD3K-CfoV8ygcMLJB8CQ-oeTv4HNHQKjPtRs0cmn6tg1qRAvP0jRXKp1HsA5OzcQywNmzQHQBvgHSytB64ky0ZBYb2KXMfbBGStWg-jwiezPIks88A5jqzxOUGNhcOZlw__&Key-Pair-Id=K6UGZS9ZTDSZM fdc4eebb485679603804727765b3b24e PDF Text Text 1ud.itor atith hlnc ' .. ~-~--- -----~----< '·l l ,, Gertrude Jackson I: ea c:o;,,;ns...,.._ _ s~ tvlcrnent House i ard .3t wa.rdsh · :;:, Comrtl ___________ ________ ......,Ant ony tr.. yfi d cc V r g· 1 >' o rd Luc' L :rke n. Long Leonard t,t.:·th '.i'evis ~-· ni ock y · r r~j ·· Winl ' Boar d of hri ati an &iueation k Geraldine Fish ---~-------- ------ ---.....~ --ly l'iPt ·i l'dn Willi o:me Re p c 'il1~ UOI te J ffG 1~ !'.i.' J.'i• Cl1.·1 i r m.-.,, ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Plymouth Congregational Church (Louisville, Ky.) records, circa 1916-1977, 1992 Subject The topic of the resource Plymouth Congregational Church (Louisville, Ky.) Description An account of the resource <span>The collection consists of twentieth-century records of Plymouth Congregational Church, founded in 1877 in Louisville, Kentucky, and the Plymouth Settlement House, which opened in 1917 as an extension of the church’s mission. The church and settlement house were located next to each other in the Russell neighborhood at the corner of Seventeenth and West Chestnut streets. The church’s membership was primarily made up of middle- and upper-class Black families, and the settlement house provided social services to neighborhood residents. Included in the collection are board minutes, correspondence, annual reports, and publications.</span><br /><br />Only a selection of the records have been digitized; see the finding aid to learn about the entire collection: <a href="https://filsonhistorical.org/research-doc/plymouth-congregational-church-louisville-ky-records-ca-1916-1977/" target="_blank" title="Finding Aid" rel="noreferrer noopener">https://filsonhistorical.org/research-doc/plymouth-congregational-church-louisville-ky-records-ca-1916-1977/</a> Creator An entity primarily responsible for making the resource Plymouth Congregational Church (Louisville, Ky.) Source A related resource from which the described resource is derived Mss. BA P738, Plymouth Congregational Church (Louisville, Ky.) records, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource circa 1916-1977, 1992 Language A language of the resource eng Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context Mss. BA P738 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. BA P738, Folder 08, Item 30 Source A related resource from which the described resource is derived Mss. BA P738, Folder 8, Plymouth Congregational Church (Louisville, Ky.) records, The Filson Historical Society, Louisville, Kentucky Title A name given to the resource 1973 Proposed Slate, November-December 1972 Creator An entity primarily responsible for making the resource Plymouth Congregational Church (Louisville, Ky.) Description An account of the resource The 1973 Proposed Slate of the Plymouth Congregational Church is a list of the proposed candidates for election from the annual meeting held on December 13, 1972, in Louisville, Kentucky. Date A point or period of time associated with an event in the lifecycle of the resource 1972-1973 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1970s 20th century Subject The topic of the resource Plymouth Congregational Church (Louisville, Ky.) Churches Kentucky--Jefferson County--Louisville African American churches African Americans Church leadership Church management Christians African American Christians Christian women African American women African American Christian women Women Christian men African American Christian men African American men Men Church officers Russell (Louisville, Ky.) Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource list proceedings Language A language of the resource eng https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/a93b2e5a7900018f37391058b99aa6e9.pdf?Expires=1779926400&Signature=Hgvn%7EZ8i67L62IlMRkgEXFHGz91jTrs7UT3TQ0XQP5b1CBY7gHflqO5ZjObvYEVvgkDHy-DHgP04pGfEO-EMJUHTXq2ayknP6AcpSz77iGxoqLtoQXFNeXz7N8vUfLO29rX5YedkB3v9T1bH%7EGBDvR0UhBR2vFeomCLziH0xx26SPHRZsGSECr7zDyqWM8AkWK1BtUBv03rVusQrDrutBMK8nslEAHCQE0MreQHX84ftjx-iPDsj3LUCxyI8IjB7YJ01q8-1vYvwZgCuR02vYykfBWbSlSx%7EBHCBH7YgRi4AxlLo3VHwJpRXm5A4-U-ZCHLRlpBydvVDH3BBwRomGQ__&Key-Pair-Id=K6UGZS9ZTDSZM fa3ebdb115376ae206d7672954c39e18 PDF Text Text PLYMOUTH CONGRE GATIONA L CHURCH BENJAMIN D. BERRY, JR.-MINISTER c; l) -cl_ Jl 111., /1(,( l) rf ct_V '1 1630 W. CHESTNUT STREET LOUISVILLE, KENTUCKY, 40203 ANTHONY MAYFIELD, ORGANIST, DIRECTOR CHANCEL, CHILDREN'S CHOIRS THOMAS I. MOXLEY, DIRECTOR, YOUTH CHOIR "SURELY THE LORD IS IN THIS PLACE" ~ 0 �ORDER OF V10RSIUP P LYMOU TH CONGREGJ\ TI ONJ\ L UHI TED CHURC H OF CHRI S T ORGAN PRE LUDE CHI MES AND SE NTENCES #365 OPENING HYMN 11 Fai th of Our Fa tho rs PRAYER OF I N'VOCA TI C: N .A..I.\ID LORD ' S PRAYER THE OCCASION Mr. Lyma n T . J ohn son Ch a irman , Dea c on B a rd, P l ym o ut' #53 3 CALL TO PRAYER PRAYERS FOR THE OCC I\ SI ON Re v. Be rry CHORA L RESPONSE GREE TINGS FR0M THE KE NTUCKIA NA ASS OCI AT. Re v e r e n d Ar woo d J . Ste r ret t P a s t e:r, Zi c·n Unite d Ch u rch o f C:tn I NTRODUCTI ON OF Tm: SPEAIIT£R Mr . El me r J . Schmi e d ., Ch a i r man , Se t t l e me nt Ho us e Bo a r d HYMN THE SERMON # 3 91 Dr. Howard K. Th urman The Chanc e l Ch o ir THE ANTHEM REMARKS Re v e r e nd B. D. Be rry THE CLOSI NG HYMN BENE DIC TI 0 N ORGA"f\J P OSTLUDE f/93 Dr . Thu rman P l ymouth Chur ch was cr g a n iz ed in tho f a l l of 1877 and h o l d tho fir s t wc, r ship on J e ff e rson n ea r 9th St r oo t . Du;riIJ_g thi s ea rly sta c;e , s u v c ra l me n min i ste r e d t c, this l i tt l e e;r l.up : Tho Reve r e nd s Smith , Mc Cleo l an , Sn e l l and J d 1n scn . In 1 8 9 1 tho Revo r o nd E . G. ~ar r i s wa s se nt b y the Li'·-:., r · c nn Mis s i on a r y Ass ociaticn t c t a ke ch a r go a s p c, s t l·, r . Shor t ly a f t e r h i s arriva l a l c,t wa s pur c ha s d n t the C() rno r 0f 17 th and Che s t n ut St r ee ts en whic h a fr ame s tructure wa s e r e ct e d . It is upo n t h o f , unda ti(n l aid by th ose ea rly me mb e r s t hat t ho prese nt in s tituti t n r es t s . In 1 9 1 1 t he So tt l c mont H1.us o wa s C< n c ei v o d , and b y 1917 it b e c a me a r e a l ity . The s ma l l frame s tructure p rove d ina d e qua t e to mee t t h (, n oo ds c f tho g r c wing c,_-n g r egati cn . Working wi t h g r (up s fr ,m the e nti re L0u i s v illo c c.,mn. uni t y , Mr . Harri s b egan p l anning f o r a n e w bui l d i n g . Tho pr e s e n t e di f ic e wa s e r e ct e d a nd ded icat e d in 1 9 29 . P l y mouth h as h a d the su rvic c o f four min i s ters: Re v . E . G. Ha r ris , Re v . T. s. Le dbe tte r, Ro v . A. D. Pi n ckney , and t h e pre s e nt mi ni s t 8 r , Ro v . B . D. Be rry . Eash h a s , i n h i s 0wn way , sc·u ght t c, carry on tho trad it ~L · n b e;gun with Ro v . Ha r r i s - the traditi , n u f b e in g a churc h f u r tho c cmmuni t y . The chur ch h as c r•mEJ far sinc e it s b cc: inni n e; in 1 8 77. Th e Se ttle me n t H, us e i ts e l f i s n ew 50 ye ar s o l d . But t hr o ug h t he-so y e a rs t ho c c nc ep t t ,f s e rv i c e is eve r b e f o r e tho church . r'1ay Go d g r ant His c c ntin u e d gu idanc e . �THE STORY OF PLYM01T TH SETrr' LEMENT HOUSE ..,. Plyr:..outh Settleme nt House at 1626 w. Che stnut Stre e t, Louisville, Ke ntucky was started in 1917 t,_ s e rve the Negro populati on of tho r ~ st End of Louisville. It wa s built and sup p orte ~ orginally by pri va t o funds, and spc-n s ir e d by Plymouth Cc,ngrega ti ,. nal Church. A small paid staff, c onsisting of tho church's pastor as tho Exe cuti vo Dire ct c:r and many v 0 lunt o o rs l e d an c~tcnsivc r cc r ea t i , n a l geP r a d program fer adults and y 0 uth. In 1956 Plymo uth Settle ment Hc u s0 change d fr c m a sr,l o ly church spcns c r c d Lge ncy t o a city-wide , C •mr.mnity Che st and Church sp ons ored agency ••• bec oming inc rp c rated and es tablishing a Be a rd o f Dircct0rs as its p t licy making body . Today, 50 years l n t e r, thu Sett l e me nt, a memb e r of the Unit e d Church o f Chri s t family, is still a vital f r ~co •• h o lping th e c ommunity t0 impr ( VO its u lf thr ,ugh j c,ining f c. rc c s with o the r s in sccioty wh , can make the ir actic ,ns e f fectiv e and meanThe s e rvic e s (Famil y c c unsclsin, ingful. Child devol 1 pmont, Ne ighb ( rh( o d YLuth Cc- rps f or High Schc ( 1 Dr c•p- c•ut s , Commun i ty Organi za ti c.,ns, Club Sc r vic c s, C(•mmi tt e d Sonic;r Ci tiz cms) arc prt>vidc d. t o tho Christian pre c e pts c f love and charity, Plymc,uth is a dminis t e ring a ministry ge are d t owa rd the goa l of incre asing perc c pti r·n, op p ortunity and desire s r· that each p e rs t n t , uche d knc,w s what it me ans t L• be a 11 Child o f God." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Plymouth Congregational Church (Louisville, Ky.) records, circa 1916-1977, 1992 Subject The topic of the resource Plymouth Congregational Church (Louisville, Ky.) Description An account of the resource <span>The collection consists of twentieth-century records of Plymouth Congregational Church, founded in 1877 in Louisville, Kentucky, and the Plymouth Settlement House, which opened in 1917 as an extension of the church’s mission. The church and settlement house were located next to each other in the Russell neighborhood at the corner of Seventeenth and West Chestnut streets. The church’s membership was primarily made up of middle- and upper-class Black families, and the settlement house provided social services to neighborhood residents. Included in the collection are board minutes, correspondence, annual reports, and publications.</span><br /><br />Only a selection of the records have been digitized; see the finding aid to learn about the entire collection: <a href="https://filsonhistorical.org/research-doc/plymouth-congregational-church-louisville-ky-records-ca-1916-1977/" target="_blank" title="Finding Aid" rel="noreferrer noopener">https://filsonhistorical.org/research-doc/plymouth-congregational-church-louisville-ky-records-ca-1916-1977/</a> Creator An entity primarily responsible for making the resource Plymouth Congregational Church (Louisville, Ky.) Source A related resource from which the described resource is derived Mss. BA P738, Plymouth Congregational Church (Louisville, Ky.) records, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource circa 1916-1977, 1992 Language A language of the resource eng Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context Mss. BA P738 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. BA P738, Folder 08, Item 01 Source A related resource from which the described resource is derived Mss. BA P738, Folder 8, Plymouth Congregational Church (Louisville, Ky.) records, The Filson Historical Society, Louisville, Kentucky Title A name given to the resource 90th anniversary bulletin, 1967 Creator An entity primarily responsible for making the resource Plymouth Congregational Church (Louisville, Ky.) Description An account of the resource The 90th Anniversary bulletin from Plymouth Congregational Church is a three-page typescript depicting the monumental service and the history behind the church and the settlement house in the Russell neighborhood of Louisville, Kentucky. Date A point or period of time associated with an event in the lifecycle of the resource 1967 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s 20th century Subject The topic of the resource Plymouth Congregational Church (Louisville, Ky.) Churches Kentucky--Jefferson County--Louisville African Americans African American churches United Church of Christ Social settlements History Christians African American Christians Church bulletins Protestants Russell (Louisville, Ky.) Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource bulletin pamphlet Language A language of the resource eng https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/c3744c43ad25e011af09aba966a93b9f.jpg?Expires=1779926400&Signature=vaYeJxLK%7ESnRVE3qmcIab032bXcPjnbFbYcmjFwLcnGi7ZkqSFL5iiQmrvfrcVfS3zZYK8Wys1vqcfjaulrgYElRge2hromsSHKyEw7Ds1mGvk8QFNDfr0ZrrOhKRwVW%7E7Besg0X8Eu6Y-fR2jJAY35e42xVPXbatMlNKWt%7EojYgZy79Huye7RtH1wzWwsDYaLBqskklfos50GoxsHn8ynjb%7EB-ncJQJ%7E7XQW2nFp1Eati0zljVmelOpldWlqrtIMojXneeLZa2VBJ36v6IB2xvLha8vKa22kLeX4TSMbwt5aOsHwm89SQsLu8vsin13DF%7EfGV9EBVfmCNJI-Xh1NQ__&Key-Pair-Id=K6UGZS9ZTDSZM f28ef1bd9e20f2168b03877954a18fa1 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document Text Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A collection of narratives of Indian warfare in the West, 1821 Source A related resource from which the described resource is derived Library Collection, Filson Historical Society Rights Information about rights held in and over the resource The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries, please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Relation A related resource bbf0050 Identifier An unambiguous reference to the resource within a given context RB 970.3 M588 1821 Subject The topic of the resource Indigenous peoples of North America Native Americans Wars Lexington (Ky.)--Imprints Kentucky--Imprints Violence Settler colonialism Boone, Daniel, 1734-1820 Kentucky Metcalfe, Samuel L. (Samuel Lytler), 1798-1856 Description An account of the resource A collection of some of the most interesting narratives of Indian warfare in the West, containing an account of the adventures of Colonel Daniel Boone, one of the first settlers of Kentucky, comprehending the most important occurrences relative to its early history--also, an account of the manners, and customs of the Indians, their traditions and religious sentiments, their police or civil government, their discipline and method of war: to which is added, an account of the expeditions of Gen'ls. Harmer, Scott, Wilkinson, St. Clair & Wayne. Creator An entity primarily responsible for making the resource Metcalfe, Samuel L. (Samuel Lytler), 1798-1856 Date A point or period of time associated with an event in the lifecycle of the resource 1821 Language A language of the resource eng Type The nature or genre of the resource book Expedition exploration government Indigenous culture Indigenous customs Native American culture Native American customs Native Americans pamphlets warfare https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/1419ebae604a1c5a2f63088fcb9a20eb.pdf?Expires=1779926400&Signature=EkNyQR1xdiiUYKfRrfW-cxk5BZeX5kRHyAR2OUNzCFd5SMACWrkfJ20Q7E5HxHz6Q5tKP1ENjLIYOEpssenzHW3thTn10QoCueI%7EPnX8lNv6uMaYxw3iI9Yy6NAehCWWjQEgwsZfZMVlSCQQ7KWXsrmnahVmN0vpSKqTS3kk3UVjhG042EJo0QTJEOMhWKwReq2cwgc82OpLAN2w6KlwmSfaOigU%7EqxlZ%7EtQ0hDAlJUTGELq-96buhp1QeNvh3Iys681clXvg%7EGhv7S9fv7c2dswly4pGpG8SotLb6KHnJZa4vFlsr1fSTdr3J6CrrrSihVvI7I6tV2CZqVkCvAo7g__&Key-Pair-Id=K6UGZS9ZTDSZM 35935597960661047acba1527aee9be9 PDF Text Text ittll 1,, 111111 II llllil,a 11illllllnl!IIIIIIIIIIU~llll;IIIIIIIIOOill,IIH:illlHll!mlllllllllllll,. to a business house is like a flag to an army- something to fight under- something to honor. Here is the motto we selected years ago: 88 IBJ@ ~!E'<IDfliltl:~ l!:lr@~tl: '\W'Thl.@ ~@!E'W@IE$ ~@llll@~~ m3@~1J:oVV mm~ The above is our idea of a good motto, and we feel sure that you can afford to give your business to a house that lives up to this motto, a house that practices what it preaches. We have struggled for many years to conquer and to be victorious in our line, and we have been successful because we have dealt fairly with our customers. Service and good service is what the whole wide world wants, and gladly and willingly pays for, and we have found out that the man who gives good service makes the most profit. �rrHe profits most who serves his fellows best. " We have often been asked the question, "How do you hold your shippers year after year?" Well, we do not mind telling you. It is no secret. Our motto above fully e xplains. We are just as much interested in our shippers as they a re i n themselves . We are what a commissio n house should be- a selli1;1g agent for the ship per, representi n g his interests a t all times . W e are f u rther more a conservat ive agent, and nobody knows better t h an the shipper himself how much he needs a conservativ e agent. If you would enjoy the warmth of money, you must first build the fire of Service, and we have learned this lesson well. Service is what counts, and our service is the real secret of why we hold our shippers. We know of no shippers who are in business for their health. Maybe you are shipping to a house that is not giving you good service; may- be you think that house has the best outlet for your goods; maybe you think you are getting all the market affords in the way of price. If you have been disappoint ed at all , it is because you are getting cheap service. If you a r e n ot s h ipping us you are not getting a s much as OUR shippers are getting, and if you wonder why OUR shippers make money and YOU do not and if you want to make money in the p roduce business, come with us . Ship your stuff to us and say" Here is our account, you are our agents. You say you can make us money. That is what we want, we want results. We are from Missouri, show us." If you will do THAT and send your business to US, we will make good. Get the habit, it is a good habit. Ship to Herndon-C arter Co., and start right now. Yours truly, HERNDON -CARTER CO. I NC O RPO R A TED LOUISVILLE , KY. rrThe Science of Business is the Science of Service. " �Water Eighteen Feet Deep in Our Warehouse During the recent Rood the highest stage (45 .1 feet) was reached in Louisville, April 2, 1913. The greatest Rood since 1884. Enough rain fell in the Ohio Valley to cover the whole State of Ohio seven inches deep, � https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/3a0ee43ad125ca55b493f4964babf4e0.jpg?Expires=1779926400&Signature=awfooJchIwi8h66e4yDB%7EdMePyR4ujNxFrDdMs6Buy9TzK0i9xA27z9gyw2DUnTNf9%7EV3kAn2EFOiHw-kZ4zmapOw%7E3mZmBlUu5Pz6tiHVrW92yTS4uqVC8yDzJhi-m2DlLqbGZXZai2ygMV7N6k8QKtqfTqwsPfz4vIybq8sUqK9uWV9l4tlFV3u-Dkx6EQe8-MckNAd4PwRSO70yBDPXYWuxuq9occYf96mBQg%7EJ9PZCB4X7rj8zvYxuUAOFKrTVb5g7y4zP1GMj%7E81rFzi3n4c%7ENkrTWgfahDxGG6O%7EPN%7E35%7ECDPmdsL006d4w8vJEuMqnN98edC0h8h6Sp0RmQ__&Key-Pair-Id=K6UGZS9ZTDSZM 06b66e0a552e147ee94353ecf2ee1850 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Allan and Anna Weiss collection on Kentucky businesses and institutions Creator An entity primarily responsible for making the resource Weiss, Allan, 1940- Weiss, Anna, 1939-2025 Source A related resource from which the described resource is derived Mss. A W431a, Allan and Anna Weiss collection on Kentucky businesses and institutions, circa 1830s-1940s, Filson Historical Society, Louisville, Kentucky Identifier An unambiguous reference to the resource within a given context Mss. A W431a Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. A W431a Folder 12a Item 902 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1910s Date A point or period of time associated with an event in the lifecycle of the resource circa 1913 Title A name given to the resource A Good Motto pamphlet, circa 1913 Description An account of the resource Advertisement pamphlet printed by Herndon, Carter Co. Country Produce. The back of the pamphlet features a photograph of the company's warehouse with eighteen feet of water from a flood on April 2, 1913. Subject The topic of the resource Herndon-Carter Co. (Louisville, Ky.) Kentucky--Louisville Louisville (Ky.) Kentucky--Jefferson County Jefferson County (Ky.) Floods Flood damage Natural disasters Creator An entity primarily responsible for making the resource Herndon-Carter Co. (Louisville, Ky.) Language A language of the resource eng Type The nature or genre of the resource Text Still image Format The file format, physical medium, or dimensions of the resource pamphlet Source A related resource from which the described resource is derived Mss. A W431a, Folder 12a, Weiss, Allan and Anna. Collection on Kentucky businesses and institutions, Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource No Copyright - United States <img src="https://rightsstatements.org/files/buttons/NoC-US.dark-white-interior.svg" alt="NoC-US.dark-white-interior.svg" /> The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. <a href="https://rightsstatements.org/vocab/NoC-US/1.0/" target="_blank" rel="noreferrer noopener">https://rightsstatements.org/vocab/NoC-US/1.0/</a> Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit <a href="https://filsonhistorical.org/collections/order-reproductions/" target="_blank" rel="noreferrer noopener">https://filsonhistorical.org/collections/order-reproductions/</a>. https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/177faa9f07551b8f7063a4fa08a89282.jpg?Expires=1779926400&Signature=OoGRCD0j9-ORmo0Vid32fqtcLq4EZNkpDpDag0JgQRbn9KfNYrJVpqlQFyFtF5ET-rlQh0%7EtQaq1JNcleab0l%7EPWeVN-Xtwwrsu8AJJECgziLHf1TqmDjZQcRmzy5dUMWe4EjpaaXBs-yQ5LOpC2Q9RlXYLcQijK3AdNqDzA8QROwLAd%7EngFRTfXurt1K00aMyy7tYIxv3YboukhuWYRjrB5Y0oZNiQCmU5SWUPluEOW94pRY%7ETB6IdfZs6Pw2G3frD8oM6a1BrR6cMo5UZuoNfVu18qC6g96P5wHkkS9WD4nvAnxjeL7eZkMDpV5kmCYgjYgsbecBwGuOg%7Ep1KjVw__&Key-Pair-Id=K6UGZS9ZTDSZM c6cf205a7594435040361374ffd1e23a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A History of the State of Ohio: Natural and Civil, 1838 Creator An entity primarily responsible for making the resource Atwater, Caleb Subject The topic of the resource Frontier and pioneer life Natural history Ohio Cincinnati (Ohio)--Imprints--19th century History Settler colonialism Colonization Description An account of the resource History of Ohio. Full version of this text available at <a href="https://play.google.com/books/reader?id=W14VAAAAYAAJ&amp;hl=en" target="_blank" title="A History of Ohio" rel="noreferrer noopener">A History of Ohio</a>. Date A point or period of time associated with an event in the lifecycle of the resource 1838 Type The nature or genre of the resource Text Publisher An entity responsible for making the resource available Cincinnati: Sterotyped by Glezen & Shepard Relation A related resource bbf0077 Identifier An unambiguous reference to the resource within a given context RB 977.1 A887 1838 Source A related resource from which the described resource is derived Rare Book Collection, The Filson Historical Society, Louisville, Kentucky Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 1830s Format The file format, physical medium, or dimensions of the resource book Language A language of the resource eng Cincinnati natural history Ohio pamphlets https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/8ca6c5f0e0ebedd292cd5e07ddf7a577.jpg?Expires=1779926400&Signature=vElMmj%7E7Y6xHZMUi%7E3vNdtNSeFu2TkqqQBj6CBQ2zLPRZ1dSV-PDIAaLqpdg8Z2-9zEpOnR1sc5HQrlRJNqMbITCuNXdJDuteCyIkNCfpfBL4N6LQZkRW4eNbpCldjJzwtA8AUg7amuiUhGSmqtoLK69GTmjJt9h4RDcLwmiDwOyE1wo-1dF0qGxFZDT3Nc-GXU-ets3fUsCNbu6F5sz6x5sJq4krtYD4MRLyeWOiqKLUGIHptjkrR-SU2g2W4iF8wS%7E6ssYRuEJiYMBdwj5bK8fPAUCqFnJFjcC%7ExaQusMT0Hq7kwfUB4GOm0loE-Smg%7EIw%7E3iW3-pJS6yAH-5hrw__&Key-Pair-Id=K6UGZS9ZTDSZM 8020588ead2efc4f886ba2cdbab6fee0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A journal, containing an accurate and interesting account of the hardships, sufferings, battles, defeat, and captivity of those heroic Kentucky volunteers and regulars, 1854 Creator An entity primarily responsible for making the resource Darnell, Elias Subject The topic of the resource Native Americans River Raisin, Battle of the, Monroe, Mich., 1813 Michigan Philadelphia (Pa.)--Imprints--19th century War of 1812 Wars History Prisoners of war Captivity narratives Military Indigenous peoples of North America Settler colonialism Kentucky Description An account of the resource Title page of A journal, containing an accurate and interesting account of the hardships, sufferings, battles, defeat, and captivity of those heroic Kentucky volunteers and regulars : commanded by General Winchester, in the years 1812-13. Also, two narratives by men that were wounded in the battles on the River Raisin and taken captive by the Indians. Includes two narratives by Timothy Mallary and John Davenport, who were wounded in the battles on the River Raisin and taken captive by the Native Americans. Full version of this text available at <a href="https://play.google.com/books/reader?id=KLoTAAAAYAAJ&amp;pg=GBS.PA1&amp;hl=en" target="_blank" title="A Journal, Containing an Accurate and Interesting Account of the Hardships, Sufferings, Battles, Defeat, and Captivity of Those Heroic Kentucky Volunteers and Regulars" rel="noreferrer noopener">A Journal, Containing an Accurate and Interesting Account of the Hardships, Sufferings, Battles, Defeat, and Captivity of Those Heroic Kentucky Volunteers and Regulars</a>. Date A point or period of time associated with an event in the lifecycle of the resource 1854 Type The nature or genre of the resource Text Publisher An entity responsible for making the resource available Philadelphia: Lippincott, Grambo Relation A related resource bbf0056 Identifier An unambiguous reference to the resource within a given context RB 973.523 D223 1854 Source A related resource from which the described resource is derived The Filson Historical Society Rare Book Collection Format The file format, physical medium, or dimensions of the resource book Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 1850s Rights Information about rights held in and over the resource No Copyright - United States <a href="http://rightsstatements.org/vocab/NoC-US/1.0/" target="_blank" rel="noreferrer noopener">http://rightsstatements.org/vocab/NoC-US/1.0/</a> battle Battle of the River Raisin Indigenous Peoples Native American captivities Native Americans pamphlets war war of 1812 https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/80972dba2c8c310e2a3734015d040db2.jpg?Expires=1779926400&Signature=FG7l3L4LgLCwyXaxK0h3FBYwsii7rI1c8JzyPYPFysxc0qyB3Kblf9588f8CpAEriv1vFrsmR4nUAxaGZZqyUafnk5AgQ%7Ef3728jqiC64nvTlYdt9Wlm68I3V%7E6V1hhApjbBoqGBfi2ADuc9Rtb9-ZfeLnpRUBDI58RIFcKwcKnNtMVPmffFwISk8XfnF662nebh%7ERLp3hQOA62XhitUqRhiN%7E4xXVAOU5d3MhsVTMui3t3K%7EL%7ExaYPXcx10a%7E-LrKG5Cp28gwxPEyesa6xnV6yybzNYfpLflyU0ekg%7EUIk0QmL49nTjVu%7ESUeay0gpY1Eb2dsB9DhZEtY-8UU5Deg__&Key-Pair-Id=K6UGZS9ZTDSZM 1051d27f303c60228f4baec1eb595df5 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A map of the British American plantations, 1754 Subject The topic of the resource Plantations -- United States -- Maps -- Early works to 1800 Great Britain -- Colonies -- America -- Maps -- Early works to 1800 Colonization Great Britain North America Maps Description An account of the resource A map of the British American plantations, extending from Boston in New England to Georgia, including all the back settlements in the respective provinces, as far as the Mississippi. From "Gentleman's Magazine" 4 July 1754. Shows rivers, mountains, creeks, Indian villages, French and English forts, and "Walkers settlement 1750" on the Cumberland River. Creator An entity primarily responsible for making the resource Bowen, Emanuel, 1693 or 1694-1767 Bowen, Thomas, -1790 Source A related resource from which the described resource is derived RSM 973.2 B786 1754, Rare Map Collection, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1754-07-04 Rights Information about rights held in and over the resource The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries, please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Type The nature or genre of the resource Still Image Text Identifier An unambiguous reference to the resource within a given context RSM 973.2 B786 1754 Publisher An entity responsible for making the resource available The Filson Historical Society, Louisville, Kentucky Format The file format, physical medium, or dimensions of the resource map Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century British map Northwest Territory Plantation https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/949b38b5c869a7504881e04b426ecd00.jpg?Expires=1779926400&Signature=IBNva99pa2PRMl6cKFJX3OAaEqMYUnnksdA68nvpV4UuJQLLnu3qhNorHsNj4g2mtiqu874GYoI1vFmeuuF44Duc-cw6-wx6BgvKhVBb8l6BOtqlM5gQqnRauFEDouWfEPttFkALZeRHQF4I1D7bcVj7fHRK6vSUrKmthCX4By3Cp6%7EbP0E9w350l42Hw%7ERh0Re1dSYlvSu0ehfoNcXVbFZcYKdY5Cj4G7tBtSCgI4B5fVfq6-9tT3EXRudkvjFyT7A905OtIu-yYuEZkw8zKEANofjzVVtMQ5d5lG8Y3JbsA4oXF-GsnKveB31f1HthCuJpz0JmqIwB2ETvPJW3qA__&Key-Pair-Id=K6UGZS9ZTDSZM 0f988cf82b93fc2411381582e9922449 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A map of the State of Kentucky and the Tennessee Government, 1796 Subject The topic of the resource Kentucky -- Maps -- Early works to 1800 Tennessee -- Maps -- Early works to 1800 Kentucky Tennessee Maps Description An account of the resource Map published in Jedidiah Morse's American universal geography. Shows rivers, creeks, towns, forts, Native American territories, and the southern boundary of a military reservation in Tennessee. Creator An entity primarily responsible for making the resource Harris, Cyrus Doolittle, Amos Source A related resource from which the described resource is derived RSM 976.8 H313 1796, Rare Map Collection, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1796 Rights Information about rights held in and over the resource The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries, please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Type The nature or genre of the resource Still Image Text Identifier An unambiguous reference to the resource within a given context RSM 976.8 H313 1796 Publisher An entity responsible for making the resource available The Filson Historical Society, Louisville, Kentucky Format The file format, physical medium, or dimensions of the resource map Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 1790s government map Native American Tennessee https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/bd725a065e8bd2a31a61670e7f2b9c54.jpg?Expires=1779926400&Signature=jMRidOsJS7qW7okVD%7EnzDuwFZ3geUFZmZyst%7EnWyDuqnGZE7ujwSKtExUnnVg2Gnm4y-eirrPz-OoX04Sl9es0TKA75DI1go64WIEHkOU8Le6Mzz2zJH0CeHMYTDw0cUoHb2w0n-bOkrxu8Ru2zsC-9zSMGeaMh%7E-wWyNRUxNG%7E7MAxogfE28iaKZUszEUpEc6V-qaVOENmGCnztBwuzLACHorozQcIQq9IPd-KXflFe3WCKwgn5bQckrfaSFc63U4xseGdWHnfsv2TiVroQ8n%7EE43e%7EDiSkrLwgYxQ3w3yeACgxAMC%7EvxRHba8m98iLU7qHkWt39sCIED7k0SbAcw__&Key-Pair-Id=K6UGZS9ZTDSZM ed02f69723248ec448912244e9fc30e8 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A map of the United States of America, with part of the adjoining provinces from the latest authorities, 1794 Subject The topic of the resource United States--Maps--Early works to 1800 United States North America Maps Description An account of the resource Map shows the thirteen colonies and as far west as the Mississippi River, including the western territory, Kentucky, and Tennessee, the northern tip of Lake Superior including parts of Canada and New Brunswick. Creator An entity primarily responsible for making the resource Conder, Thomas, 1746 or 1747-1831 Source A related resource from which the described resource is derived RSM 973.4 C745 1794, Rare Map Collection, The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1794 Rights Information about rights held in and over the resource The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. https://rightsstatements.org/page/NoC-US/1.0/?language=en For reproduction inquiries, please visit https://filsonhistorical.org/special-collections/rights-and-reproductions/ Type The nature or genre of the resource Still Image Text Identifier An unambiguous reference to the resource within a given context RSM 973.4 C745 1794 Format The file format, physical medium, or dimensions of the resource map Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 1790s Publisher An entity responsible for making the resource available London, Eng. : R. Wilkinson, No. 58 Cornhill canada Lake Superior map thirteen colonies https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/cff4ede9ff4b25298befe1a68303a440.jpg?Expires=1779926400&Signature=QwtXM-tJ-jepZL9XoPa3nvO7JyCx6W1HR6fOfQtbgyVxjF58xVVZ4UWPbEPg7OuU4r-7xcHiL-zrDzuUz8XjzHhCCZWfJPV9PipC4%7E7OdvmbeVW5VtlW3cgtsuyXOVZ8fU7IBy3AsUGfR-UMsJsHtjsSlK%7Ev8osbX1cF7oIV6EF5JQ6JCtj84M1TMuu7fMHJrrqyI6akZx7GQ9Y85QWGC%7EYRDSjbCAGvhJJy5mGFAX3v6QrtlWX1g%7ENOQgphwQSh1CpZMh%7E9kcbAviWlx2ABMUesmruGdL4wnS3IpEQ7XHDTTlENhzohRTeFGRU1UYOORkxPQLwkDTa7-LIfer%7EOiQ__&Key-Pair-Id=K6UGZS9ZTDSZM ad42aca795f298937c16dd04411ec69e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A narrative of the captivity and adventures of John Tanner, 1830 Creator An entity primarily responsible for making the resource Tanner, John Subject The topic of the resource Native Americans Indigenous peoples of North America Languages Chippewa Indians Ottawa Indians Settler colonialism Captivity narratives Tanner, John Ottawa Tribe Chippewa Tribe Description An account of the resource Title page of the narrative of the captivity and adventures of John Tanner with the Chippewa and Ottowa Indians. Full version of this text available at <a href="https://play.google.com/books/reader?id=45BXAAAAcAAJ&amp;pg=GBS.PA1&amp;hl=en" target="_blank" title="A Narrative of the Captivity and Adventures of John Tanner" rel="noreferrer noopener">A Narrative of the Captivity and Adventures of John Tanner</a>. Date A point or period of time associated with an event in the lifecycle of the resource 1830 Type The nature or genre of the resource Text Publisher An entity responsible for making the resource available Minneapolis: Ross & Haines Relation A related resource bbf0059 Identifier An unambiguous reference to the resource within a given context RB 970.3 T166 1830 Source A related resource from which the described resource is derived Rare Book Collection, The Filson Historical Society, Louisville, Kentucky Format The file format, physical medium, or dimensions of the resource book Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 1830s captivity Chippewa Indigenous Peoples Native Americans pamphlets https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/bd1cd9f33890576d0567e6384b6ce5a7.pdf?Expires=1779926400&Signature=J8Crst7snfMAavz5%7E0XwZnyGtsv3TVova7o1jPuEkvHlVmYVG5EdTa39tpzQUnHZhUL-dv7dnA5ZyE%7EUjk29-e7B9%7E9tl8tRaB%7EiQ6oJX9EwahM43O1pjqN8Vih8Q0VdSprql6hDJ9Pb9q6rOiwGqOAFR5nTx7ljopSZacxpL1eLQSUsMEkXitFFl0STnIg4hP8mpYmQwQQuQSAlrEmjcYp54k5Hf-ql-lC8Rn6pedIxfmU-2BBKFfLbeKKsp78zQtNg9XIgLN5J2EZeQuezrKa%7E-FHcO1cuzG70-LU%7EewB1zCQv70-IidH5gzWGPzq7CBeQQgPFUFYqK8V3uLM%7E4A__&Key-Pair-Id=K6UGZS9ZTDSZM 7606168f65227657aba43fde86b80cda PDF Text Text A new CAMP is born! CAMP BEN F. WASHER in scenic Otter Creek Park JEWISH COMMUNITY CENTER Non-Profit Org. 3600 DUTCHMANS LANE U.S. POSTAGE LOUISVILLE, KY. 40205 RETURN REQUESTED New - for you! On behalf of the Board of Directors of the Jewish Community Center, we wish to express our ap­ preciation to the Otter Creek Park Commission and its Director, John G. Rowe, for their co-op­ eration in making part of Otter Creek Park avail­ able to us for a new camp. Thanks to the benevolence of the late Judge Ben F. Washer, whose life was dedicated to the great outdoors, this new camp area will be developed so that our entire membership may enjoy glori­ ous Otter Creek Park. Our heartfelt thanks to Leon Loeser, chairman of our Camp Development Committee, and David Kling, camp chairman, for their dedication in bringing about a new phase of Center service to members. BORIS PRESSMA, President, Jewish Community Center. PAID Louisville, Ky. Permit No. 510 �The Jewish Community Center officially reports that camping opportunities have now been enlarged and improved. CAMP Begin­ ning this summer, the Camp will be located in a completely pri­ vate area in Otter Creek Park. This enables us to offer longer camping sessions and an increase in facilities and programs. WATCH US GROW! MEANS FUN! CAMP BEN F. WASHER is located in beautiful Otter Creek Park 35 miles from Louisville, near Fort Knox. The site features a natural setting with miles of trails, rustic cabins, playfields, sanitary facilities, dining hall, crafts lodge, and swimming pool. Water sports . . An overnight Track and field events . . trip . . . Getting to know you . . . Older campers have coed parties . . . AIMS: Camp Ben F. Washer offers your child an opportunity to learn how to work together with youngsters and adults, learn good sports­ manship, and make new friends. The camp program stresses activities which can only be enjoyed in a rural atmosphere. Camp aims are achieved through supervised programs including hiking, camp crafts, arts and crafts, cookouts, overnight trips, swim­ ming, boating, archery, sports, games, cabin activities, special pro­ grams, and horseback riding. STAFF: Staff is chosen for experience, camping ability, and love for children. A counselor sleeps in each cabin with campers. HEALTH: Well-equipped infirmary open at all times. Louisville pedia­ tricians are on 24-hour phone duty and make weekly visits to check campers and facilities. Horseback is part of camp fun . . . Every child must be examined by a physician within three weeks of leaving for camp. FOOD for campers is kosher, in ample quantity, and deliciously pre­ pared. Mid-afternoon snacks daily. or candy to campers. - CAMP APPLICATION - JEWISH COMMUNITY CENTER Israeli entertainers come each year . . . Camper’s Name- Officers Boris Pressma S. Arnold Lynch... Charles Weisberg Ale Bornstein___ Aaron Schreiber ANTA TM* THE PIONEER FARM, with its animals and cov­ ered wagons, has added a vital new dimension to our outdoor program. There is a Pioneer Vil­ lage with tents, Indian tepee, and cooking area. CLOTHING: Enough to withstand three weeks of vigorous outdoor living. Costly pre-camp pur­ — President Home Address:_ ------Vice-President — .Secretary Home Phone:. be durable and labeled. Laundry service avail­ Date of Birth:. Executive Director Camp Committee David Kling_ ______ __________________ Chairman Dr. Bernard Barron, Larry Brody, Mrs. Albert Goldin, Stuart Grossman, Mrs. Martin Hassel, Leon J. Loeser, Mr. and Mrs. James Plattus, Mr. and Mrs. Edward Post, Mrs. Alvin Rouben, Mrs. Sherman Zlotolow, and Ben Rothstein, JCC Assistant Ex­ ecutive Director. able. Suggested clothing list will be sent in May. SWIMMING and water sports at the camp are VISITING: It is camp policy to permit NO visiting under most careful supervision, with instruction aplenty. by parents or friends during periods. the Irvin Goldstein Business Phone:. --------------- Treasurer Age as of June 1, 1967. School:. ---------------------- Grade Completed June 1, 1967. Father’s Name:________________________________ Mother’s Name:_________________ __ ______ First Period (Ages 8-11) June 19 to July 9 □ Second Period (Ages 11-15) July 11 to July 31 □ Per Period plus canteen deposit, insurance and transportation. Write or call the Jewish Community Center (458-3281) for additional information. J chases are not necessary. All belongings should Every camper gets an opportunity to use this rustic area. Please do not send either food TRANSPORTATION: Children are taken to camp and returned on school busses, with competent drivers. Departures and arrivals are from the Jewish Community Center. Deposit of $20.00 required with application. Deposit non-refundable after April 15, 1967. Camp Director wo: of Can,p T°"Trees 8 has served m other camp positions and worked with young pSOpK. v Parent’s signature:_____________________ ________________ _ __________________________ brief camp L Send to Jewish Community Center, 3600 Dutchmans Lane, Louisville, Kentucky 40205. �Half a Century Ago it was CAMP TAPAWINGO A Quarter-Century Ago it was CAMP TALL TREES Today, it’s the new-for-you CAMP BEN F. WASHER � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Jewish Summer Camps, 1945-1968 Description An account of the resource Brochures, newspapers, reports, and textiles representing summer camps operated by the Young Men's Hebrew Association and the Jewish Community Center of Louisville. Digitization supported by the Jewish Heritage Fund.<br /><br /><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /> Source A related resource from which the described resource is derived Jewish Community of Louisville museum collections and records, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Date A point or period of time associated with an event in the lifecycle of the resource 1945-1968 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. BD J59 Folder 0538 Item 010 Title A name given to the resource A new CAMP is born!: Camp Ben F. Washer in scenic Otter Creek Park, 1967 Creator An entity primarily responsible for making the resource Jewish Community Center (Louisville, Ky.) Description An account of the resource Advertisement poster for the Jewish Community of Louisville's new summer boarding camp in Meade County, Kentucky, named Camp Ben F. Washer. The brochure explains the camp's purpose: "Camp Ben F. Washer offers your child an opportunity to learn how to work together with youngsters and adults, learn good sportsmanship, and make new friends. / The camp program stresses activities which can only be enjoyed in a rural atmosphere. / Camp aims are achieved through supervised programs, including hiking, camp crafts, arts and crafts, cookouts, overnight trips, swimming, boating, archery, sports, games, cabin activities, special programs, and horseback riding." Date A point or period of time associated with an event in the lifecycle of the resource 1967 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1960s Subject The topic of the resource Jewish Community Center (Louisville, Ky.) Meade County (Ky.) Brandenburg (Ky.) Kentucky--Brandenburg Kentucky--Meade County Camp Tall Trees Otter Creek Outdoor Recreation Area (Ky.) Jews Jewish children Jewish youth Jewish camps Camps Children Youth Washer, Benjamin F., 1873-1963 Goldstein, Irvin Format The file format, physical medium, or dimensions of the resource poster Type The nature or genre of the resource Text Still Image Language A language of the resource eng Source A related resource from which the described resource is derived Mss. BD J59, Folder 538, Jewish Community of Louisville records, 1896-2022, The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/d7e097d5e7b45f453c04128f8a260a57.pdf?Expires=1779926400&Signature=K9JmPZObPpYxl0L8cGFr0XNQC5BwOOSq8EgsHePg4cdChf2RnRrkL-sszFcSqO0bH%7EQKBC7bmKaNhW86u8VxctQXV6Ltn8yRdMfDfWu3Tr4LBPn%7EMaDZM9QdKYmhTBDrUg49xh5393y82N4V8TvD%7EBs1z4AIkxRe56Hu8cJibHceAvpEgd6305JqwHP4ORT%7EnxXU%7EIqevB8fRPBrDP-PLSjbe5EsmlW8yTifVHZHlt0q3ZutCQQqdtLsDmuudR2Ywtt7U2zg9DK6GTLaXz9jPAgPMY0I2i7QNFRHIo%7E5J%7Eo65AiZ5cvysGiOIg1e899T4sMe1yzLKqUnLOx6wn9CCg__&Key-Pair-Id=K6UGZS9ZTDSZM 8c2bffe8c5871894b10245c7411f0897 PDF Text Text I A SKETCH OF 'l~HE ·LAWS RELATING TO IN THE .SEVERAL STATES OF THE UNITED STATES OF AMERICA. M. STROUD. BY GEORGE I ' ~ • p HIL.!J.DELP Hf.JJ. : 1 PUBLISHED BY KIMBER A.N]) . SltARPLESS, ~ No. 93 Market Street. L, .!J.slimead, Printer. 1827. �. Ea~tern District of Pennsylvaniq,.' to "l!!if :"\_ m t IT l{~MEMill;:UED, that on tl;e, tenth day of October, jn . • ,...,,,.,.., L,'S. the fifty-second year of the Independence of the United States of • ' • America,'' A,-,D. 1827. ' 1.,y-.1 • . GEORGEM. STROUll,ESQ.. /•,. ·" . . . •• of the said district hath deposited in this office the title of a book, the right . ••• • ,wh1:reof he ~!aims as author, in the ,words following,to wit: A 'Sketch of the Laws relating to Slavery· in the several States of the Unltea States of _Ame.rica. ' ·Bx Gtor.ge M. Stroud. v In conformity to the Act of the Congress of t\1e ·united States entitled, ".i\,n act for th,e Encouragement of Learning, by securing the copies of maps, charts: and ..boo)l:s, to the authors and proprietors of such copies, during the times therein mentioned."-And also to the act, entitled, " An ' at:t suppleme.ntary to an act, entitled, "An act f9r the encouragement oflearning, by securing the copies of . maps, c.harts, and books, to the author.s and proprietors of~uch/ copies·. dul'ing·the time s therein mentioned," and extending the be n'efits thereof to the ·arts of designing, engraving, and etching' historical • and other ,prints." D. CALDWELL, • . .Ciel'!, of the Eastem Disti'ict of Pe1insylva11ia., ! § �PREFACE . - THE state of slavery in this coun,try, so far as it can be-ascen- ' tained from the laws of the ' several independent sovereignties · which belong to ~ur confederacy, is th_e subject-of th~ foUowing sheets. T}:lis comprises a particular exaininatio~ of the laws of the states of Delawaue, Maryland, Virginia, ·North Carolina, South Carolina,, Georgia, Kentucky, Tennessee, Louisiana, Mississippi, Alabama a~d Missouri. , )Vith res,Pec~ to th~ remaining states, slavery, in some, having ·been abolished, aiad in others, never tolerated, a-c~rsory n~tice of a few of the'i r law~, chiefly importa: t for the evidence which they furnish of the right of these states to the appellation of nonaslave-h'/1lding, is all which the title or object .of this work requires. ' The,District of Columbia, th~ugh, in this connexion, n~t properly denominated, a, state, -yet,' from. its important· character in being exclusively within the jurisdic~ion of th~ ·Federai' G~~ • vernment, deserves an equal share of attention. It . happ~lis;. however, that this 'District in regard to slavery .as wep as many other topics, is not '.regulated, integrally, by i, c'ode of laws enacted forlhe purpose by Congress;-that body, having by an act, dated February 27th, 1801, 'decla_red, 't hat, the' 1:iart of the District of Columbia -which had been: ceded to the United States by -, • ,. _ the state of Virginia, should. be governed by 'the-, l~ws "".hich,, were then in-force in Virginia,'_ an\l the other part, which haµ · been ceded by the state of Maryland, ' should in like manner be governed by the laws then in force in'-Maryland_, _But few alterations have been_m~de in the laws.affecting the condition of ~laves ln either of the states just 11:amed, since the;date uf the act of,congress; the quotations, t~erefore_, given trom their re•. pcctive codes,_ being.a,rplied in corifor!11ity with the difJtinction �iv establisl1ed PY tl;e act pf.congress, may, wi_th· butJittle, haza:rd' of error, be recei'ved .as tlwJaws of-_the District of:.Qoltnnbia._; 'Such-provisions_o(the Constitution. of t-lte United States,'as might ·be fitly ~ntroduced into this sk~tch, have· ,bee~ added in an .fi.ppendix. Se.:veral acts of -congress, will be found inserted ther~ also. \ These, however, are not numerous, . since from ·the -peculi~r, r_ei':ition which St~bsists between the Federal • Govern_p1(ln-t. and the.individual states, the former, except within -. --the District of- Cplumbi;i. ;nd the terr..itm·ies not yet i~corpor-. - ated into the union, as states, is restrained from the.exercise of.' )egi'slative functions o~~all subj~cts' of a charac~er exclusively • • , -. municipal. \' The v~lue-of a work ,like the present; must depend, mainly, upon the authentic~ty of its materials. On ·this point, but little, if any, exception call' _be justly taken. The most approved code, ~f each 'stat1.:, w3:s ·;ought for, and, in most instances, obtained. - 'I_'he laws·.of p_elaware, Maryl(lnd, Virginia, Georgia, Kentuc~y, _Loui~iana, •Mississippi, Alabama a~d Missouri, have been cited, . . from ptiblicatiomi'made under the express sanction of the several legislatures of.these states. The law,s of South_C~rolina have been drawn ~principiilly -from_a source entitled to equal consideration. , 1~mean' the ',Digest by' Judge Brevard, - This, however,.having been issued from the press in 1814, it -becam_!l -necessary to Rrocure a :work wliich would indicate the c4anges.effected· by the legislattll'e since that period. The second edition ,o f .tarnf.s' •pigest, has , beef! _used -for this pu~pos~, and tho~gh _ the first edition of this work is stated, in Griffith's Liw Regis-ter, _to have been.imperfectly executed and not to deserve much reltance, yet, a second,one,having been called for, it seems fair _ to pr~suine .th~t ·in this; the errors o-f ,the first have been cor- , • , _ -r~cted and its defects supplied. . , , For the laws-ofNor\h-Ca:rolina, as well :is for the larger portion of those of Tennessee, recourse has. been had -. to "~aywood's Manual." Professedly, thii work treats of the laws of No~th Carolina only, yet, as the territory which now ~o~poses Tennessee, was un_til April 24, 1790, included within th~ bounds of the fo_rmer state, and subject to its jurisdiction~) t was_judged expedieqt, .- when 1the separation took place, · ~o provide t!iat �' the laws·of .North' Carolina .s)lould cohtinue to •b~··Observei-hy th~ citiz~ns 9f Tennessee, unti} sev~rallf :ilt!Jr~d '9;r--repe:iled hr compe~ent)egislative·autho;ity. By·a copYr, which J -poss~ss, _of the laws, of this. Iatter,state; applicable to ·sfa,yes; it, do_es not appe~~ that n;iany '.5UC~ alterations 'or repeals 'ha.ve beeh. m; de, _: I haver therefore, in general, omitted to 'mention·specil,ically, that .a p:J:rticui~r law of North Carq,l_ina,_is ;lso ,infqi~e in Terme.ssee; hut have given the date -of such if p:is~e~ before Apr,i.l 2d, 1790, intending.to apprize the r,e'ader, :-- thaern every :cltat~op_ of' 1 this kind, _Tennessee should be classed_·whh !~for'th c:rolina;urt- . ~ less~th~ contrary J:>e dist,i'nctly Jl!entioned: ;Legisl;tive·~nact:. -ments emanating from the··-territorial .go_:v.~rµ~ent- which sti~ceeded th~ ces.sion by Nortl) Carolina, anc:\' those also wh'i~h have " ,, .. " . . . been mac!e liy· the state of T~nnessee, are referred to, •under the ,$fi_,. of: stating .the' year ·in which 'I;·. 1'enn~'se~, ~ they were enacte_d,~and· the· chapter_jrt ~ hith tljeymay, he found , ·1u✓a treatise of no greater,extent, th~n.that wp.ich .is here of- • ferecl, it may be tliought urinecessaiy·to.sp.eakf in- this •place~ of I . \ .J. ",,., • , the pliUi-wh".icl(has.been obser.vea .. 'I allude to the ,topic:, chiefly, to avail myself of the.opport~nity ·wnich it affords, of~acknow-. !edging my obligation,. in thiuespeet,, 'to ~AM'lis_STEI'HEN,EsQ. of London, to ~hose· compreh'ensive- work; ~' The ·slavery of the British West ln_dia Colonies Delineated/' l ;allJ..also large~. Iy i_ndehted, for riuch valuable .information. · _The titl~s to the . •chapters and sections info,-.:which· this~sketch has· been g_ivided, . ,will .he found to cor~~spond,' in ,most ins~an:ces, •~i:bstfl,nt.'i:ally, :i,nd in some,:verballg,, with those employed by,,tiim'. The rea~ son of this .~doption, {vm he evident, when 'it is irecollected that ' ~ • the. prominent ·features of slavery in th~ British' ~est ·~ndies, an!l in o_ur ·slave~holding states,.closely resemble each other, an<l I could n'?t hope'. to exc~l the '!node} of SC? compete~it a inast'kt. I.. migh~ :1lso suggest as :an ad,d it,ional.re~sori;,th~t-MR~. B,tRCLA,Y • of J;amaica,,,in the.·worli which· he has pu.b}jshed as a reply to l\'.J;R._STEPHEN, has pursued the sa,m~ arran'gemen~-- _JiJa_s ,estab . • C: .•• ·, ' ,, ' • • ' ,' ,'.' ,' hoste.doceri: ' : ·.., I , ,,. . -Having be,en ·uni:J,er the necessity of, bringing together, the laws of :So latg~ a num~er ~f in~epende;1t statds, it ·must. be ob• ' - law; ' , "• taws:or: '".l. ....i,,,. • .,.. , \ .. 0 '- ,J ' : '- ' , • . ( ,· \ / :· ._ • .r . ,,. -~ .,, , . . _,,.-r ; <t w ~ �, vi ~o~siderabl; ~iflkulty. e~isted 'i~ ,assjgning t9 , each 'Part, its,p~dper P}~ce;: arid giv~11_g to·· ea_ch it~, due effectt ~nd at tlie ~~~e 'lirp.e, 'preserving the app~arance_of .~ ym~etrf in the JVho'Ie. As th~·:.best method o~: meeting ,this dijficulty,-wl).eri he .same 'p,ointr were in the •the p~o~isions o.f di!f~~ent'~~d-es· , s;im~ J':;mguage;.- or,. .a~-wa,s -,Inost com'Il}~nly the ease, the·same'id substapce but not\ri tlirlguage; •I hav:~ .in 'general, use~ a tran~~ript frqme' one,c9de; a~d having not~d, in immed,iat~ c6nn~ic- ~ • : ion, _the w~ork frqm~ ~?i~}i it ~as ta~~, h v:e qded, ~uccessive- ,: , ly, references to 'the other;~<iJdes. ~ ~t "st1M"ar," and, , ' '' -'nearly ,similar/':aJ!~:sqmetimes ih t~ipose4;-the p~rpose ,of -Which; ·.~;eas no expl~_natioh. The titles of t.he different nigests ..._. bei1:ig cfted~' se;~ecl to me to : render -~ perpet~al ~1:epetition ·c:if, 'the nqmes ·o f the States, unnecessary. In ma11y occasions, there• ' -t • . •~ . t.:_~re,' thes~ are omitted: ' ~ws~ . , o _ m'imy • • _That;th'¾~~mm~ats w_pi~p I liav,e ~ - il·ou judg--. opriety • p, heir and might. the ~ore·!eacfily·,be undei,stood,. ed: of, I ha'7~, in-alrQ.;st •every quotation wlaieh ha$ been made, ' given th~ exact-words of the law, omitting such only, as were , not essential to th~ ~erceptio~ of _the l ~ e in • •. . condition:of, ~,slaves,• this sk:etcli does.not proOf the a,ctuo:l ''" , 1', , ' fress .to .treat. · .,ln rep_res!)rftative repufilics, how ever, like those of_ th'ese Un.ited S,f;te~, where the' popular voice .so greatly _influences all political concerns, where the member~of the legislati"ve departments are .dependant for their places upon annual . e\ect~ons,, the laws' roay be safely re g;irded as constituting"'a faithful expositio•n of .the sentiments .of the people, and as ur-_, _ nishirig, therefore, ;trong evidence' of tlie practicdtenjoyments ai1ci priv~tiorts of tho_se whom tliey are designed to ·govern . .To th·e· condition of; the passive members of the community; ~uch -·as slave,s,.ti1is Iaher d~.chfction is,emphatic; lly,applicabie. I speak ,0, of the cas/of slaV:~sg~nerall,y~ Their cp~dition will,' ~() doubt; ' in a great 'd~gree, .take its complexion from the peculiar.di~osition of theit respective, ma;ters;-:--a ccmsideration which operates as,muclwgainsf as in{,iv._~iir·of the slave.: fol'- it cannot be- di nied, that .there ~re many_ person.s but little :-controlled.by fedings ·Qf • •,hum~pity,' ~i1d l!=)SS i estrained bi the 'p~ecepts.oheligion; many• • ' • wh_o ;"feel~ng power;' forgeiright." 'v10~~' that oe ' ' l< 1 . ' • "• �vii : Th~ ry exis!ence,o~_:r..,go,:_js ~~alculated to, .pr~~u~eitfae word' effects on the temper and morals of-the masters: · Ori this point, afi<l i~deed/ ~p. t~e _generaI-treatinent of, sl~v~s by their m'asters, t~e most- decisive testimony' is ,b&rne, by Mi. J EFF,ERe . SON, in his Note8 on Virgi ni(lt.• " ,, The whole ·commer'ce between' master and 'slav~;'' s~ys }!e; ..:'fi;:a ~erp'etual ex~t,ci,se•of tlie mo~t boi'sterous passlon·s -tJte·in·ost unreniitt~Iig despotism on the ODE; plU't, an :degr~ding-SUPJ?J,issiomr on 'the-other: ., dur chil~ -~ •, to i~i~fi it.;ffij; 1:11an i~ ·an,-ipii~!i.f~ animal. lf a parent liad no other. -motive, · eith.er iri !iis ·ow:n philanthropy or his. se~f-love, for re~tra,ining :t~e~intemp~raµce of ~sion tow3rds his,.slave, it should always be,a su~cient one Uiat hi; child· is· present. But'genfo·ally, .it 'is n"ot;. _suffi.~ient. Tk"e pa~t storms., tM child looks 6.n, catch.e,_s thf lin'e/i,n:ter(ts_ • alhltjiits on llie~!lidr.s·in the ~ircle oj smqller slaves, , gives a loose to ' his']'JJ&stpassion's, ¾ ND 'THUSJ~HJ,RSED,', •EDU~ ' , CATED, ' ) lo,., -.•. ' .11' ' ND DAILY EXERCll,lED IN • TYRANNY, ·q .l\NNQT • Bl,JT" llE sf.tMPE; BY IT,_ WITH ·0~1o'tis PECULIA'.R1TJ:ES. ' ' '. .... ,_._.,,, ,. . ~ 7. ,' ~ ; �~ADVERTISEMENT. ~ "The law~ ·o f,;everal of tl3e states,_heing contained i,1·-Ditr~sts,: ln;Citing them, the names ·of the compilCIT-frave1Jeen~generally: gi_ve~, -, and not the names of the states. _ Thus, the )aws of Georgia are' cited froni "Prin,t;e's ·Dfgest, " l vol.; .the:laws of South" Caroliri,a, .some from .'' Brevaril!s Digest, " 3 vol13. and some; from ~'James' Digest, "-l ,vol.;_the laws of Nortli-(Jaro- _ lina as well as a portion of those of Tennessee,. ( as explained in . , theprtfa ce ofth;is sketch,) from "Haywood's.Manual,-'' l vol:; the laws of .f{eni1fcky, from .." Littell _o/ Swigerf 's Diges~," 2 _ vols.; the-la"Ysof Louisia na,~ the year 1816, from "Marti n'sIJigest;" ·3. vols, ; the laws of Peni/,s'!f lvania from "Purdo n's1I.!igest,"· 1 vol'. ;: th~ laws of-·.!:J.tabam__a fi:om "TouhJ Jin's 1Ji-• gest," l 'vol. lrl. Virgi1J;ia and ·Mississippi, Revised Codes have bee~ prepared, and_are <cite,d, "Virg..Rev. Code and Miss. Rev. Gode," unless in soll).e instances, where the name. of the· . state _is prefixed to the ·extract made; and Re,v. Code qnly marks tne citation. The Civil Code of Louisia nct _and the Code'- of Practice,'adopted in -fhe, same ~tate, _are cited oy tlieir respec·tive titles, ·and the article..and .its number given, but not the ·p a;ge,-th i~ ,bei11g the"usu al' and most _con~enient ~ode of re• • • •. • ference, as- .tcnhese codes. • • • Witp. resp~ct tlie laws of the other states, no explanation· is • ' riec_essary, as the name.· of the state is used. to 1 P.cige ;~~.2. . Ip describing .the trib~n'al_by .which slaves ~·e tried, on .crimiri'al accusat-i01is, in Tennessee, I have ·stat'ed, that this state wa_s in the Year 1793, ' a, part of North Carolin.a, 1&:c . . • '.fhis is erroneoti§, as will appear, by the pt•eface -t~ this ~ketch, -fo which the proper date of the s.eparation is noted, a,n:d, of con•sequence) ·the -reniarks ther~ ,ma~e whi_ch r~st l!PC?D: that hypo•• ~ • . , ,. ihesis, ,are .ihappi'.opri~te. also .. The' date oLth_e act of Teµne~see, as stated. iri the-_text, is 1 erroneous. It should be November 8th, 1819, instead· of October 23d, 1813:, _ A corresporiding a~teration piust _be made fo:. . • • ' . - . •~ the reference. .. t, _ statemen the of instead top, the m· l0thf..ro li1i:e. , 128· • ]!age' that the ordinar y tribu-n;,rl for the_trial qf slaves in 'J'enriesse~, • 1 consists of but_three jµstfoes •:and' _f~eehf?lde~s, it sh~uld be,- of • such an THREE justices a,nd nine freeholders, or slave-7,,olders, _ made bee!:\ 1815, 9th, mber ofJ.'fove alteration having, by an a'ft in tn~law pre.viously,in force, See Laws ,of Tennes.see of.181~1 .' • chap. 138. �CHAPTER I. OP THE PERSONS WHO MAY DE HELD AS SLAVES, AND UPON WH,A'l!AUTHORIT.Y THEY ARE so HELD. THE design' of this sketch, being merely to furnish~ onnected view of--the laws-which-relate-to the institution ·of slavery as it exists among=us, -it-would be supererogati;iry to enter upon a particular -inquiry into its origin. I shall introduce the subject to the reader, by ascertaining. what persons are included under the denomination of slaves, and upon what authority they are regarded as such. These propositions present but little . difficulty; since positive enactments of the several · legislatures of the slave-holding states cpnstitute the authority; and the language by which they are enunciated is sufficiently explicit. fo preyent any misapprehension of their meaning. The earliest law which I shall quotq is taken from the law~ of Maryland. It is an _act of the year 166!3, chap: 30, in th~se t, All negtoes or -other slaves within the province, and· words: T • , all negroes and other slaves to be hereafter imported ii:ito the pro\'iilce, shall serve durante vita; and all children born of any negro or other slave, shall be slaves a~ tlieir fat hers were for the term of their lives." . Section 2. " And forasmuch as divers free-bor~ English wo~en, forgetful of their.free t;ondition and· -to· tbe disgrace of our nation; d~ intermarry with ne,g ro slaves, by whi ch also, divers suits may arise, touching the issue of ~ 2 ~ �.10 such women1 and a great damage .doth_befall the master of such , negroes, for preservation whereof, for deterring such f~ee-b_o.rn womep from such shameful -matches, be it enacted, ~c. T}:lat . whatsoever fr~e-born wom;n shall intermarry w~th any~lave, from and after the last day of the present assembly, shall se):'ve the master of such slave during the · life ~f her husband ; and that all the iss~e ·oJ s~ch free-born women, so married, shall be slaves . , . as their FATHERS were." This law is remarkable for two particulars: First, the recognition of the common law doctrine, " partus sequitur patrem," that the offspring follows the condition of the father: Second, the pur auter_ vie slavery to which it subjected tile white freebor-n English women who might come within its provisions. 'the number of this new speci~s of slaves must have been very small, and as the act ·had but a short duration, it is' unnecessary_ to take further notice of this branch of it. With respect to the • offspring of such marriages .cons~mmated while the act was in force, as_th_ese were made sla'l!es·Jor- life; and as an act passed in 1681, . for the purpose of repealing that of 1663, contai;ed an .• exp?'.ess saving of the rights acquir~d ·under the act_of 1663, before _the date o-f ~he repealing act, so far a/cori-c1rned the . enslave~ent of the woman AND HER 1ssuE, if is na"t impr~bable • that ,so~e of thei1; descendants are· at· the present day in that condition.* • It 'is· oertain ;everal such persons were held i~ absolute b~mdage until .the year 1791, when (aft~r tlie lapse of more than a c_entury)-it was finally clecided. by the highest court of judicature in the state·, that for want of a conviction of the• white woman who griginally violated the law, her de~cen~allty·e rt not slav.es, and could not legally Qe retained as such. •See the case; Mary"'Butler vs . .11.dam • Craig, 2 Harris and llf'Hmry's Reports, 214 to 236: Ata former period, (1770) • in a case in which tl~e parmts of the same· Mary Butler were plaintiffs _and petitioners for fr;edom, it was adjudged that they were slaves-their grandmother; a white woman, having been maiTied to a negro slave in the yeai; 1681, a short fime prior to the repeal of the act or" 1663. Case of William and Mary Butler vs. Q,ichard Boardman, · 1 Maryland '(Harris and M'Henry?s) Reporti; . , ' 371 to 385. A statement of one of the coun~el for the petitioners in this latter cas~, as it serves_to elucidate ·this anomalous portion of the history of slavery in Maryland, is here ful~scribed. "In the year 1676, the lo~ proprietary , met rethe assembly in person; in 1677 he i:eturned to England, and in 1681:·he ' , �• The doctrine· of " partus sequitur patrem" obtained in_. the . province till the _year 1699 or 17:90,~ when a general revision: • 'of the laws took ,place; al}.d the acts, in which ihis doctrine was reet>gnised, w"ere, with many others, ·repealed: An inte'rval o~ about fifteen years appears to have elapsed without any .written iaw on this subject; but, in l 715; (chap. 44, sect. 22,) the following (!Ile was passed: •' All negroes and other slaves already imported or hereafter to be imported into this province~·arid all children now·horn or he1·eafter to he 6orn of such negroes and slaves, shall be slaves during their natural lives." Thus was . the maxim of the civil law, "partus sequitur ventrem ," intro- · duced-, and the c?ndition of the mo_ther, from that day up to the present tiine, has continued {o determine the fate of the child. , This ma:X:im of the civil law, the genuine and·degr ading principle of slavery, inasmuch as it places the slave upon a level with .brute animals, prevails universally among the slave-holding _states. The law of South Carolina may be quoted as follows: "All negroes, Indians, (free Indians in amity with this government, and negroes, mulattoes and mestizos, who are_now free, · excepted,) ·mulattoes or mestizos, -who now-are or shall hereafter be in this province, and all their issue and offspring born or to_ turned to this province, bringing Irish Nell" (Eleanor Butler, grandmotherof the petitioners, who I presume were first cousins, as they were both petitioners for freedom as the descendants of the same parent, and were also husband and wife) " with him as a domestic servant. In 1681 she mar. ried," (a negro slave) ".and the repealing law was passed in the month of August immediately after the marriage, and his lordship inter~sted himself in , procuring the repeal, with a view to this particular c~e. The act 9f 166S was repealed also, to prevent persons from purchasing white women" (as servants) ";md marrying th.em to their slaves, for the purpose of making slave,s of th.em" (and their offspring.) "The penalty is laid . UJ;>On the masters, mistresses, &c. and the clergyman and the woman are intended to be favoured." -This stat'e~ent, though not very creditable to the early settlers of Mary)and, is confirmed by the preamble to the repealing act, and also by the terms of the enacting clause; for it sets free any such white servant woman, and imposes a fine ·of ten thousand pounds of tobacco upon the master or mistress who shoulc! pro, • : .. • • , , _cure .or con'nive at the marriage. .9.ct of 1681, chap. 4. ?f laws_ e th· ascertaining act .4n " entitled 6, ! chap. 9, 9 16_ of act the • See this pr.ovince;" and the act of 1700, chap. 8, t!ntitled " An act for repealing certain..laws in this provi11ce, and confirmi?g others:,,; ~ -~- - - �12 be bQ1:n,_s}lal(bi -and ihey are hereby cleclareg tq; b~ and rema_in for ev~ hereafter absolute sla'\Te_s, and shall .follQW;, t{t_e_conr/,.ition of th,J!- mother." .IJ,ct of l 74<l, 2 /Jrevard's Dig~st, 2~9; .sir~i-, lar ·~Jl Georgia, Prince's J)ig. 446, (act ~f .1·7;7-0}; and in Mis; , sissippi, Revised Code of Mi_ssissf,ppi, of 182$, pag~_3fi9; ~nd' see. l Rev. Code of V.irg: -(of 1_81_9) page 42).; 2 L,.itt._(!tp,¢ Swi. 1149-50, Civ. Code of Lo.uisiq,na, (},rt. 183, By this law, any person whose m(!,ternal ancestor, even in the remole_st degree of distance from him or her, can be sh8wn to have b.een a oegro, .o r an ln.dian, or a mulatto:,. or .a :u.iesizo, 71,0t .free oat the_,daj:e oJ tl).e law, althopgh the paternal ;mcestpr at each &.uccessiye geneI:ation may have been a w.hit~ f~ee man, is declared to 'he the subject'_ of perpetuaU,lavery. This is a meas.ure of cruelty* 1 .. "'. Under.this law it may. frequently happen, that a person whose complexion is European may "rt~ legally r~~ned_flS ~Aayt,: .:!'11.e ~~ll infol'IJled mind will, upon a little reflection, perceive the justness of this,conclusion. A competent Judge of tiu;,subject, Don Antlionio de Ulloa, whose opinfon is c7mfirmed by that of Mr. Edwards in his History of the West Indies, furnishes the following testimony: " Among the tribes which are deriv~d from an intermixture of the whites with.the negroes,.. the first.are ,the mukdtoes.,- next to the~µe the tercerones, progu<:ed from a white and _a mulatto, with so'!le appr~ximatii n to the former, but not so near as to obliterate their origin: After these follow the . qua,rtero,_nes, .proc.eedi1!g fro~ a white and a terceron. The last are the quinte•rones, wlio owe their ·o~igin to a white aand a quarteron. This. is -the- last gradaticm, tlwe-being no visible di,jf,erence between thern and tli,e whites, ei.ther in colour · or features; NAY, •rHEY ARE OFTEN FAIRER THAN THE Sl'AN·IARD,s-1' - .flee Edwards' West'. Indies_, book 4, chap. i. Thus the quinterones, who are only /our removes fr<>m negro a~cestor, are found to be undistinguishable from the whltes, either by colour or ·features. Yet even these, and the 'descendants _of these· to the remotest generation, are deemed slaves with:usf In point of fact, tercercmes are sometimes almost, if not entirely white:"'-~ An instance of this kind occUJTed in an individual; whose case underwent judicial investigation in the city of Philadelphia, in the year 1786; the report of which appears in 1 Dallas' Rep,' 167, Pirate alias Belt vs. Dalby. The repm;ter's statement is given in these words: "The plaintiff; being the 1$Upposed. issue of wliite and ,mulatto parents, attended the defendant to Philadelphia in the autumn ~f 1784; . and pi:esented so pure a complexicm, that the attention of-the So~iety (Abolition • Society of Pennsylvania) was excited, &c. &c. Upon the trial it was given in evidenfe, that the plaintiff was born in· Maryland of an unmarried mulatlo-wo, mzj" ( who was a slave.) : , ··- • I shaU now quote another instil.nee, of· a most extraordinary clliiracter-of white children the immediate offsrring of a negro mother; and though th.i's m~jr a �13 and avarice which, to th~ reproach of our republics, there is much reason to belie_ve has no pre~eqent -in any other civilized country. " In Jamaica, the condition ( of slavery) ceases by ea,pt"ess law to attach -upon the issue, -at the fourth degree of distance _fro1_11 a negro ancestor. In ot}:ier jslanc;ls,' (British_Wes~ Indies,) the writ(eJ'I, Jaw ts silent Ol) this he!!,cl; but _by established custom, the quad,roons or mestizQes (so they ea'.U tlfe _s~cond ~ third degrees) are -rarely~s~e.n in a sta~ of11l~yery." · be looked upon as a lusus 'lUl,l,uraJ, to which no reasonable person would ex~ pect the general laws of society to be accommodated, yet, as it proves incontestably that whites are now in slavery in one of·our states, under the express sanction of law, I will make no apology for introducing it. The instance to which I refer, is thus related by Laurence J. Trotti, in -a letter to Professor James, of the University Qf P.ennsylvania, dated NoveIJ\ber 15th, 1825. "Some~ time in tlie year 1815, -a ~ uxmwn, belonging to Mr. Allen, of Barnwel~ South C(Jfl'o[ina, was delivered by a natural unassisted labour o£tltree children; two of them were wlii(e males, the other a perfectly black female. The two··. boys are now alive and full grown for their age. Having, in company with other gentlemen, visited the mother and chil,dren, expressly t.o ascertain the truth of these facts, I ha".,e no hesitation in stating the above mentioned circum,, stances as correct," &c. &c. See The N<>rth .11.meriwn Medieal and Surgical Journal, No. 2, .llpril 1826, page 466. From the character of the Journal from which this account has been taken, and especially in reliance upon the judgment of the highly respectable gentleman to whom the letter is addressed, I have treated the whole relation as substantially true. I confess, there is somethi1_1g (particularly the distance of time between the birth of the children and the date of the communication) which leaves room to doubt whether an imposition has not been practised on the writer·of the letter-whether tJie white children were not born of -wliite parents; yet, admitting this suppositioi1 to be co1Tect, it would fortify the-.position, that om· lawgivers should pay some re- spect to colour; for here a,re two wltite children who, have' been ah-eady in slavery more than ten years, and in all probability they will remain so dw·ing life. An additional case may be here subjoined, illustrative of the general doctrine contained in this note. An advertise~ent recently inserted in a newspaper published in the city of Philadelphia, offers a reward of one hundred dollars for the apprehension of a person alleged to be a runaway slape, who is thus described: "Absconded from the subscriber on the 10th instant, a very brig_lit mulatto, man named Washington Thomas. lb: HAS SOMETJMES BEEN . lllISTAK~N FOR A WHITE MAN!!" What the degree of distartce of thi~ person f\"Om an M1·ican ancestor is, does not appear; yet, though more than once taken for a white man, Ire is still claimed as a slave!! See .JJ.e:macratic Press · of .llugU11t.13, 1827. • • �: .. 14 . Stephen's Slavery of.the British West India Colonies delin'e• ated; 27 ; Edwar ds' West Indies, book 4, chap. 1. An~, as in the Spanish· ~nd Portuguese· colonies, slavery is Tn all respects , '. "milder than in those of the British, it is fairly inferrible that a regulation: equally favourable to freedom, by custom, 'if not" by express law, prevails there also. • Of the 'Frerich colonies an<\ of tlre ;Dutch, _I have not such information as ·will authorize •an opinion which may deserve much reliance·; yet, in the Code Noir ,it.is certain many provisions may be indicated; of a mucH more humane .~haracter than can clln tie found ·· in · the codes of. ··our slave-holding states, on kindred topics. _·.it has been already incidentally noticed, tliat by the common law,-t he law of Villan age,-th e offspring always followed the condition of the father: it has been also stated, an~ indeed the •Jaw ,~hich I have just extracted, declares this p~inciple in ·une-· quivocal terms, that, witli respect to slavery-aniong_us,_tbe condition-o f the offspri ng depends upon the condition of the mother: A consequence of this latter rule is, tha"t ~heth~ r born in or out of. wedlock, the ,children are slaves wh~never the mothers are • so. But as to the child born: out of wedlock, while from motives of public policy tlie common law prevents him 'fro_m· deriving any benefit -from his parents, by way of -inhei·itance, it .' declares, with a c0nsistency strongly recommended by its huma. nity, that' he· sh~ll not be obl!oxi_ous to the evils of slavery : Had these two qiaxims of the common law, i. e. that the off- . • spring follows the condition bf the fatner, -and;· that an .illegiti• mate is always bor~. free,-b ee~ -per~i! ted to retain their. place in ·colonial jurisprudence, none "but-negroes of the ·whole blood ( except from ·the rare instance~ of .a mafrim_o!}ial alliance between •a free woman not black and an abject riegro slave) would,: be numbered among the victi1ns of slavery!! Every inulatt-o, except from the ·source just mentioned, would . have been free-a destiny, at which, though it . may have no claim to support it superior to what may ~e avouched .for the negro, yet, inasmuch as it \'Vould _have -prevented the treniel).dous augmentation of 01jr servile population, the evils of .which are ~aily more and more felt, ·humanity and religion would have had cause to rejoice. I am aware of a reply which may be given to these rein-ark s. �' 1.5 It may be said, " True, on yo~r principles, riE> mula'tto\voril3 be a slave-negroes 'only would Ge such'; still' it wou1lbe ne~~.: sary ~nly to en_courage matrim?ny a~_o9g sl~ves, -and. the Je~ crefflle of slaves, which_you _consider so -important, would -not ' happen." Without stopping to show that ,this. vie.w o(the mat: ter is hot altogether corre~t, it may: be justly rejoihe.d,'that tliis . :very encouragement to matrimo.ny would,~in itself, be of~vast moment, from its moral effects; and.,_,f ur~ermore, (what ought by no means to be lost .sight of,) since while the. parties to a marriage contract are in full life, neither of them can lawfully . .enter· into a similar contract _with third person, the-master's interest, or what he co·n~eives to be so, would _in a great degree , avert the terrib)e calam_ity, which' is now common-'a s~paration of the parents of the ;iame children:--a separation of !hose who ought to bestrietly and legally husband and wife. It ~ay e~cite the surp~ise of some, to discover Indians ; _nd their offsprin~ _eompris!;!d in the doom of_perpetual slavery; yet n_ot only is incidental mention __of them as slaves to be met ":i~h in the laws of most of the states of our confederacy, but in one at least, direct iegislation may b~ cited to sanction th~ir ~£slave~ ment. In Virginia, "By _an act passed in the year 1679, it; •was, for the _better encouragement'of soldiers, d,eclaTed, that what 1NDIAN PRISONERS. should be taken in a· w~- i~ which the colony was then engaged, should be free pur~lia;~ .to··the · soldiers taking them. • In . 1682, . it 'Yas declared; that all .ser. vants b~oug~t into this country, -(Virgihia) by; sea or _land, not being Christians, whether' negroes, Moors, mulattoes or" INDIANS, (except Turk; a~d Moors in amity with Gr;at Britain,) and all INDIANS which should thir~after be SOLD by ~eighbour- • ing Indians; or any other trafficking with us, as slaves, should be ·. s.LAVES to all int~nts and p'urposes.,;-tr- • Per Judge Tucker, in a • "These acts," says J~dge Tucker, speaking.of.the ?,Ctii' cited i1_1 th~ t_e;t, "continued in force till th~ year 1691, when ~n act having '. been pas~ed, authorizing a free and open trade for all persons, at all times and at all places, ' Wtth all Indians whatsoever, it was decided by the-courts, that :this qp,erat~-as • a repeal of the. f<lfflU:1' acts.". See 1 Henning and Mf!llford's iJ.ep0:-is, 139. The descendants of sucli indians as were reduce4 to slf\very under t!}e -sanctio1} of the a~ts of 1679 ;md 1682, .and during the tim~ in which these wi:re in f~ce, �16 .• -t he case-o/Hudgfn s vs. ·Wtight{ l Henning a_nd Munfo'l'd's • • • Reports, 139. the suby decided was it Jersey, New. 'of ·state the in . And, held be mightIndians That " 1797, •jlfeme ·cour~, in the year&rich of origination as slaves." No law was ailduced to show the •li right; but it appeare~ by several acts of assembly, one of vy:-hieh was as early as 1713-14, that they were classed with negroes at~d mulattoes, att slaves. Chief. Justice· Kinsey ,ri:marked, "They (~ndians} have been so Jo'ng recognised, as slaves, in our law, that it would-be as:gt-eat=a violation oftlie rigfitsef property .to establish a contrary: doctrine at the present day, as it would. in the ~ase of Africans; and as useless to investigate the manner.in wltich they o~IGINALLY lost their freedom." The State vs. Waggoner, 1 Halstead's Reports, 374 to 376. In addition 'to the Jaws already cited, declaring who shall be deemed slaves, the .codes _o f the slave-holding --states exhibit a considerable number of enactments, by' which F_REE negroes, &:c.· are converted · into absolute_slaves. Thus, in South Carolina, i(afree negro harbour, conceal or ENTERTAIN a runaway slave, or a slave charged '.' with any criminal matter," h~ ~hall forfeit · the_:&Um of ten p.ounds •currency foi- the first day, and . . twenty shillings fox:- eyery succeedin'g day, &c. And -in case . such ·forfeitures cannof be levied, or such free negro, &c. _shall \ not pay the same, tqgether with.the charges !lttending the prose.cution, .such FREE r,,~gro, &c. shall be ordered by the justice to - be sold at pitblic .out(!ry, and the money arising _by such.. sale shall, in the-fir.st place, be paid for and applied towards the forfeiture, -&c. to the owner, &c.; and,·the overplus-, if.. any, shall J .,. •' may even at the_present time be held as slaves in Virginia!! , But . the -deci! . sio'ns of the courts protect all others. The h,ighest court of judica'ture has de~ cided, that " a rwtive American Indian brought into Virginia since tire ·year 1691, could not lawfully b·; held in slavery there, although such Indian was a slave i~ 'the country (Jamaica) from which she iiad been brought, previously fo and at the time ofher-removal." Butt vs. Rachel, 4,Munford's 'Reports, 209. See also, 2 Henning and Munfard!s Reports, 149, Pallas and otfte:1'8 vs. Ifill and otl1ers, in which <;ases "the claim fo frcedem of at least twelve descendants of native 4merican Indians, ,;hose mafernal an;estors had , not been' reduced to • • slavery till after ·1691, was establis\1ed. ~ I ~ .... , . , _,.... -,, • �- - ---17 he paid IJy the said justice into the hands of .the public .treasurer,• &c. 2 Brevard's Di~est, 237, act of 1_740; • I have, in the text, considered the whole o.f the 34th section of the act of 17'40, as the law of. South Carolina at the present time. . A very.recent prdceeding in one ·of the judicial trib.uni!ls of that state, ,s my justification for so doing. The subjoined extract from the Charleston Courier of the 13th Aug~st, 1827', details the proceeding to which refei:ence is here made: · " A trial of much interest took place on Saturday l~t, at the City Hall, before a court, compoled of Jol,n Mirl,el, Ell(J, Ju8liee of tke Quorum-, and two l!'reelwltk,,a. The parties put upon their trial were Hannah Elliott, a free biack woman, together , with her daughter Judy, and he.r sons Simon and Sam. • They were severally indicted under the ad; of 1140, for harbouring, concealing, entertaining two female children, aged .a bout six and nine years, the property of a lady of this ,,_.. city, the extrac;>~_y concealm_ent;,!._nd diS<?_ovel'l': 0£ which, was,nentioned a· abort time since. • , . " After a patient investigation of .all the circumstanCf:S of the case, the prisoners having the aid of able counsel, the court found them all guilty', and sentenced them, in accordance with the provisions of the aforesaid ac4 ;s follo~s : Hannah Elliott, with having harb~ured these slaves, f9r the term of two years; and her children wi~ having harboured them respectively, for s\xteen months eack. . The penalty under the act, is a forfeiture of ten pounds currency for the jint day, and twenty shillings currency for~ day after, to ·the use of the owner of any slave so harboured, concealed or entertained. The act also provides, that, in case the forfeiture cannot be levied on such free negro, together with the charges attending the prosecution, the parties must be s~ld, at ,public outcry, and the money arising from such sale be applied, in· the first place, towards the forfeiture due to the owner, &c. and the overplus;' if'any, be paid into the public treasury." Newspapers of iater dates confirm thi~ statement, and inform us, what might natµrally have been· anticipated, that the unhappy ·convicts/being unable to satisfy the enormous penalti~s which had been impqsed upon them, were ~old· at public outcry, ten days after the trial, for slaves during life. But, notwithstanding this decision of the Charleston court, I have no doubt, that the act of 1740, so far as wncerns the offence of free negroe:s, mulattoes or matizoes, in harbouring, =ling or entertaining a runaway slave, NOT cru.nGED WITH ANY CRIMINAL :MATTER, is repealed. On the 20th December, 1821, the legislature of South Carolina enacted a law in these words: ''. If any free negro, mulatto or mestizo, shall harbour, conceal or _entertain any fugitive or rµnaway slave, and be convicted thereof before .t-wojustices an4.fivefreeholdera, he shall suffer such corpo;real puni,shment, not extending to life or limb, as the said justices and freeliolders, who try such offender, shall in their discretion think fit." See .Bets of the Session of Dec. 1821, page 20; and James' Digest, 3'90. By comparing these two acts together, it will be perceived that they agree in the description of the offence to be proyided against, while they di,ffer in 3 • �18 -- So, ·"in-case any slav,e sh~l.l be emancipated .o r ·set freeJ ~otlier~~se than accor!ling lo the-act (of 1800) regulating, emariccipations,· it shall be lawful for any person wliosoeve:r to seize and cbnve:r.t _to his-·or her own ust, ·a nd. to 7ceep;as ·Ms:.or her pro~' a~cjp\lte·~ . or· set Tree. sai!1 slave ·so illega~ly ' em· perty ~the·, \c ' • ' • . • ., . . 525, Maiittal, , .2 Brevard's Digest, 256.. And· see-Hayward's -act of 1777. · ,. " ·. • • And -ip Virgi'nia, "IP arry· emancipated .slave ·. (infants· ex)\ cej:itetlJ shall remain within the state n:iore than ·. twelve months after h1s or her right 'to 'rre~dom shall have a-ccrued, he or·~~ sh':ifi forfe'it all such fi'ght, ~nu may· be apprehended and ~old._ ti~~ important pafti~fi,.~ ~-:-th~ ibu~fo1,e- which off~nders against_the !aw are to be tried :. secondly, in.the punishment to be inflicted on conv iction. J.hlder th e act of 1740, the tril'>unal consists of one justice anu·two freeholders, ·as is stated in another section of the same act; and the act of 1821 expre; sly directs a tribumi.l·composed of tu•o justlces-;md fi.~e freehold~111-. By th~ former act,-two (~ majority) members of the court; can convict or acquit.: "~c.cording to the latter, four are necessary for either pl)rpose. . On. the_sup'po• sitlon that both 'acts .are in foi·c e,, t)te offender may be tri<,!d and punished ,twice for one ai:id the same' offence-a con_clusion, wJiich is forbid~en _by a 1irinciple of e;riminal jurisprudence, which_has. no -exceptiontrL ~~ ~ws·of- any ct-v1lized country, namely, that "no man can ·be placid in peril of leifal-penalties ·more th~ once -upon the same it~cusation." 1 Chitty's Cr~1i1.i1Jal Law, 452, 4 Bi.a: ,, Com: 335, The provisions of the two act~ are _tliei:efore manifestly J.nconsistent with•each ·other, in which' case,•althoµgh -w~~ds of. express repeal are not used ~n the' latt<ir act, y~t by implication)t repeals the former; the o/4 statute alwa:ys giving' place to the new, where l;>oth cannot stand ·together. . 1 Bl. Com. 89. • , ·- . • • . - · : The 'o~iy ·argument by ,vhich the.positi'on, that b~th acts are in fore~, can be maintained, is, tl1at the . pe~alties are cu~ulative. This, however, can take place-;nly where but one-conviction is required; ~hereas, ft .has been shown above, that two are necessary according to these_acts, inasinuch as two distinct • • . i· tribm1_als for .trial-:are appointed. • Tire late Pte~'ident Jefferson, J:iaving, by his· last will; emancipated . five, slaves, for whom he appears. to have ente.rtaineci much·persorw,l regard ; in ~onseqµ_ence of, this section, made the fo!iowing pathetic appeal to the l~gislature of his native state: " I humb(y and earne1Jtly request of the legislature of Vrrgirlia, a confi~atlon 'of the beques~ to these ·servants, witli permission to remain in this state, where their families and -connexions are; as an additional insta~ce of the favour, of which i have received so many other manifest~ti~ns in· the cornse of my life, and for ~hich I now give them my solemn and dutiful thanks·." • �' t9 ) by the overseers of the poor, !Re._, for the benefit of THE LITE. . RARY -FUND!!"_ 1 Rev. Code, _436. By an act of Georgia, {December' 19, 1$18,) a penalty of- a\ fine of Qne hundred dollars is incurre.d .by: any free person of ) colour, (Indians in amity with the state, and :regularly~·articled· seamen, &c. ax:rivi~g ~ .al)yvsliip, &c. excepted,) f?:. ion!/'!S _into the state; and '' upon fa.ilure to pay the same within the time prescribe.d iq the sentence,: &c. he; · she qr they ,shait'be liable to be iold by. public outcry •as a ·,slave,." 1,,,c"':_ Prince's -- :·" • ', • Digest, 465; and see 467. ,· • • .In Mississippi, every negro or mulatto found within•th e state, a~g not having lh!J ,;_bility*. to .show hirp~elf entit~ed dom, may qe sold, l;iy order .of the court, as a slave. ; k{zss_z.s_• ' ,. • .' _· ~ sippi R~v. Code, 389.~ . . Mary,lanci; i~ in 7, (chap. l,~, sect~ 5,) adopted !hese sions: "If any free negro- ·or· mulatto· intermarry with ', any white wci~an, or if any \\(hite man shall intermarry wfth any negro or mulatto ~o~ari, s~ch, _negro- or mulatto shall bei ~R'.le a slave during life, except mulattoes born of \V_h ite-wome_n-, • •· • • • who, &c. shall become' s~·rvants for seven years~" Ano~he_r~2_pi__oi!§ ~o:_urce ~ slavery,.:.._the condemnatipn u~i:ider - )aws ·of several of the 'slave-holding states, mad,e ~pecif:ic~lly f9r this purpos~,.of natives of Africa, broughFit:!~ the.TJ'nited Scites in violatiol) of the act 'of congress or :Marctrz; 1~n7, entitled "An -act to prohibit the importation of slaves, _&c. from and after the first day of January, 1808"-:-I shall defer the consideration of, _to a subsequen,t chapter. 8_ee th_e jJppendix, • chap. 2. notice to miss a _ Before quitting this chapter, it may not be cu_rsorily;a species of S~RVIT~J)E , (growing o'ut ofslav'ery,)_ which is peculiar, it is thought, to our· country. It originated most probably in the province of Maryl:).nd, and_will be readily apprehended from t~e subjoined e_xtract from th~ act, of that province in 16'63, chap. 20, sect. 3: " All the I SSUE of Eng lish 1 i_o":i~.~: IT·: ~- • -~_·: - · . : : • rci>3- • The extreme hardship of this law will be seen; when 1 come to u-eat of the exclusion.of negi:oes, mulattoes, &c. as witnesses, where 'the interest of white persons is in question. �• 20 or other free-bci'rn women, that have . alr~ady_marrie'd ·negroes, shall serve the master of their parents till they be thirty years ofage, and no longer." This act having been annulled in 1699 or 1700; was rev~ved .in principle _by the act-of 1715, chap. 44; sect, 2·6 , with an extension of on~ year· to the period of servi• tude fixed ~y the . old •law: The same provision shortly' afterwards recommended itself to the ·gen_eral assembly <,o f Pen:nsy_lvania,• and may be found incorporated ia an act- passed'M.arch 5th, 1725-6~ entitled , " 4-n act for the · better regulating of hegroes in this province.'~ Jn 1741, ~hap. 24, sect. 18, it became the'law of'North Carolina~ whe~e, as ·a]so in Tennesse~~· it is presumed to_be in_ force at" the_present tin;ie. • With respect- to Maryland;· it is necessary, to add, ·that the progressive light of nearly a century and a half h3:s at length enabled· her to discover;, as· is declared in the act or' 1796, chap. 67, sect. 14, , that "it i~ contrary to .th'e dictates oL'hmia.nity and •the principles of the christian religi,on; to 1nflict .per~onal penalties on- child_ren_ fOl' the df{ence of t~eir parentst and this species of servitude h3:s; • in that state, been accordingly abolished. · • • I have been careful;to note with ,particularity the:actof;'"assembly of Pennsylvania, whi~h.• gave rise to this species of' servitude, chiefly becau_s~ t4e late _. Judge Rush; 'has inadvertently-stated, that usage was the authox:ity upon which Betsey et !ti, ! _Dallas' RepO!ts, 475. 0 • -it was founded. See Re-wublica vs. Negro .. . _... .... . " . �l CHAPTER II. .. \ " ' OF TH:i;: INCID-.ENTS OF SLAVERY. ' ' .. , ' -' , Wiii the present ~hapt!:lr I propose to -begifi: in examinatio~ of the nature arid leg3:l incident~ <;if slavery.' And in ·dofog so1 I will, in the first placE,, treat of the laws which regard the slave' ?,S property._ 'This wiil comprehend such:laws ."only ~s concert~ the rela.tion of master _a nd slave. Afterwards, those which treat _of the . siave as a ,,;,_ember ·of civil;-society ~ilf.be ~isr cussed. ·' . • _ The civil.law; except wber.e mnclified _by statute or by usages which have acquired the fo_rce 9f law, i~ generally· referr~d tci in the slave-holding states, as .containing the true principles cif _ the insti~utiop. ·-It wiH_o·e ,proper, ther~fore~ ·to give an abstract ." of its Iea~ing cio,ctrines; for wQicl! purpos,e, I use i);. Taylor's : _ El~ments of the Civil Law, page 429. " Slaves/' says he, } "were held pro nullis: pro mortuis: p:ro qiiad~upedibus.~ ~t T4ey had no head. in th~ state; no name, title or regist~r: they were not capable of being inj~red: nor 'co_1:1ld they ta~e· by purchase o_r descent: they had no heirs, and ~herefo,re -, could piake no will: exclusi~e of what was called their peculium, wi:iatever they acquired ~as the_ir inas~er's': .th~y .could not plead nor be pleaded for,_but were excluded frqm all civil cc:mcer_ns whatever ; they could not claim the in µlgen~e of ~bsence reiJ?.ublic;,e caus__a: _they were not ent1tled to the _rights _and considerations of matri... mony,:and therefore had no relief in ca~e of adultery: nor "\Vere· they proper objects of cognation or .affinity, lJut of quasi~cogna~ tf,on only: they could be sole}, transferred, or pawned.as goods or personal estate; for goods they w~re, arid as such they, were esteemed: _tJ:tey might be tortured for evidence: _punished ~t the discretion oftheir lord, or even,p-qt to death by hi~ authority." _¥ This description is to be taken as applicable. to the conqition of slaves at'an early period of the Roman history; for b'efote. the f~ll of the Roman empire, sevyral important changes .had · been I • • 0 ,, "'. • ' �.introduced favourable to the slave. By _the l~x C~rnelia ' de sicariis, the killin~ of a s_lave hecai_ne punishable. Dig.' 488. Cooper's Ju~tinia n, 411. T!J.e jus vitre et necis claimed by the master, was restrain~d by Claudiu~,- the successor of CaliguJa. · fliid. The emperor Adrian prohibited generally -~rue} treatment to.wards $la-yes; anlhe banished Umbricia; a lady of quality, for . five years, qu&d ex leviss~mis causis suas' etnciltas, * atrocissime tra:ctisset. Co_oper.'s Jus.finia n, 412. Antoninus Pi'us applied _the lex_ Cornelia de sieariis, specifi~ally to the•masters of !'laye~; a1;d tlie:same law was strengthen~a by Seyer.us and: by-Constan. tine. Ibid. . Slaves might always -induce an investigation by • flying to the statu~s of the prin·ces. Ihii . _-· ' •• •• , : • ••. I believe it-will be foimd upon a close co.mpar1s·on~ that the condition of the slave, in o·ur.' slave-holding states, so Jar as ·the law may .be iJ'wo~ed in his.·behalf,'_j,,, but little, if in: :;my respeet,-better, than was that of -thij, R9min .s\1ive~un'der the civil law; ;. 'According to the ' law:of Louisiana; -·~, A slave IS orie'who is-in the.p~wer _of ·a m;ster to whopf he-belongs: • The inasli!r may $;n him, dispose of his per~on, his indu·stry and l1is Iabo~r: • he _can do nothing, pqssess. BQthing; tior; acquire any thing· but • what ,:nust:-belong. to -ltis"•ni~ster/~ ,;CJ{vit Coile, art.. 35; : ~ As to the niaster"s·power to ·punish •his'. slave~ a limitati on seems·to ·be co~templateu by.the follcn.v1ng artiQ.le_: ·,; .T-He !!laye is:entirely 'sti'bj~ct -to, the wiU,0£ his master,~who -may correct and.- chastise him, though not -w.iih unusua t ,rig-Our-, 91' 'SOcas to. maim <fr rn; or to expose h:i:rnto fhe·-if:angef:-.o]ii-/iss ;'bf lif,e; ,mutila~ e id_ • or. lo cause:his. death?i JJ.rt. 'I. 73,'~ Yet; as :wltl:lm'f6.Uy :d:eMi'm-strate1:Hiereaft~r, -no such l~piita:J;iart actually- _exists;:oti caff by '. •· • .. _ ·;. -•~·tc..;. .·· . ···., e .. • •. • . . .: nfor~ea: la~•be~e I , .- ·.· f:th'ese no_11e':O as states, holding slaye~ other he t to Tespect-With hav~ adopted ~ntirew rit-ten codes, enunciaticihs~o~ ~elf .agen'i'ral naJure, as are exnibited i'.nthe;quotatio11S justniadeJ.ronHfie law~_.o f~o~fsia na, ·ate not to be e¾Cpected. :=,-- Neveftheles-s;:..th~ E:rdina ~ pri11ciple of slavel'y ,-that the-;l_av( is ·Q.ot-to•be tim~111 ,. ~ • • ' • .!,,_ ~ + .- ..-:,. ..,; ...·.... ~ ... ~ -~ ,.,._ •-'. - - . ,< �23 among sentieri:t beings, but among things*-is a_n article ofpr-o- . ptrty-..:.a chatt~l personal,...:..obtains' as -undoubted· law in 1:fll ·of1 these states. . I rf$;q,__qtli Carolina it }s expressed in the following language: "Slaves ;~1 be deemed, 'sold; taken, reputed an{ adjudged in law to be chattels personalt in .the ~trl-~ ~·-'!, . . • An apt illustration_of this doctrine, is presente_c'l in ;n act_ of -M~l;~d, ·~r 179!1, Chap. CI.·ch.12. No.12. The following is the language ofthis eiiligii.C ened state:" ,, in case tlie ~~fproiferty' of a wal'd "shall:coiisisti:if ~--e-ci!c articles, such 08. SLAVES, WORKING BEASTS, ANJMALS OF AN Y KlND, stock; furni~ ture, plate, books, AND so FORTH, the court, if it ~hall de~m it adrantageous fo~ the ward, may at any time> pass an order for the sale th~r~cif,". &c. &..c·. t In Louisiana, "Slav~s though moveable by their nature," _'says the civil . code, ;, are considered as inimove~ble by the-qperati~n of law .'1 .llrl: 461'. X~d by act of assembly of june 7, 1806, "Slaves sha~ always be reputed ancl i;onsidered real estate; shall be,' as such, subJect to be mortgaged, according to the rules prescribed by law, and they shali be seized and sold'as ~eal estate." 1 Mrcrtin's Digest, 612. And, in Kentucky, by the law pf rlesc.,en:ti, they are collsidered real estate, 2 Litt, and Sui. Digest, il55, and pass in consequeni,e to heirs and not to ex~cutors. They are, liowever, liable as chattels to ·oe sold b·y ~ m~r atJiis pleasure; ~nd may be t;ure~ in execution fur ·the pitym~nt ~f his debts. Ibid. mul aee 1247. A law (act of 17"05) similar to that of Kentutky,. once obtained in Virginia, but. it was repealed.after a short experiment. 8ee ,wte to 1 R.e:v. Code, 432. ' ••' • ~ Massachusetts and,_ Connecticut,' and probably in the whole· country which used' to bear the name of -~ew England,' the harsh feflctures of slaverywere never known. In Massachusetts colony, .so early as in the year of Olli' Lord one thousand six hundred and forty-one, the following law was ~de: "It i& ordered by this court and the authority thereof, that there shall never be any bond sl:n:ery-, villenage o~ captivity among llS, unless it be lawful captives taken in just war, (such) as willingly sell themselves or are sold to us; and-suchsltall have ,the li_berties and CHRISTIAN usage which the law of GOD ESTABLISHE_D I N lsRAEL concerning such·persons doth moraliy require." _ See General Laws and Liberties -~/ Massachu~etts Bay, chap. 12, sect. 2. Though the phraseology.of' this l:,.w savour more of Hibernia than,is supposed to lie common t9 New Eng:. l(md, yet its meaning is· sufficieQtly palpable.. That the law _. was not a 9-ea,d letter, we ,have the authority wl;iich may be c!)llected from an opinion _d_elil:ered in tli.e case cif Winchenden vs. Hatfield, 4Ma,s. Rep. i27-8, by Chief.Justice Parsons. "Slavery," says ~e, "was introduced into this -country soon after its~· first settlement. The slave was the property of the master, subject t9 his ot• ders, and-to reasonable correction for misbehaviour. - If the master -was·guilty· of a cruel or unreasonable castigatio~ of-hi~ slave, he was liable tp be pm\ished frn the breach of the pea,ee, and;_I. believe, the slave was allowed to demand sureties of the peace against a violent and barbai'ous -master. Under these:regtt• �24 - .· ' / ( owners an.d . possessors, ~nd t~eir e;ecutor s, adtni_nistrators an~ ver. whatsoe s purpose and ctions constru intents, )\assign§, to all 2 B,,:.~v. Dig. ~29; Prince' s Digest; 446, o/C. o/C- Absolute des~ potism needs not- a more COip.prehensive grant of power than . that which_is here conferred~ And though the pa:r:ticular design 1 • of the law-"ii'takers in framing this sect~on w~s merely to declare • of what nature- whethe r. real or.personal estate-s laves as-property should° be regarded, fet it is·not bn that:account the iess approprjate for the purpose to which I apply it. It .i~ strictly ' consonant with· an inflexible ,principJe· of ~heir ackij'owledged · • - • • •• • ·- • • •• • law. Viewing the language, ." that· .a slave sharr be deemed d chattel pers~M l in the haft# of his owner; to all intents, constru ctions _a nd purpose s wh'atso.ever," in this light, it i,s plain that the dominion of the master is as unli~ite d; as is that which is tolerated by.,the laws of any civilized c~untry in rela~ tion to brute animals__;_to quadrup eds, to use tbe words of the civil law. How far the·e-xisiing state of slavery, as by law es- · tfl,blished and pt·ot~cted, may co_nf,orm to this deq'clction, will best appear by a more minute inves,t1gation 9~ th~_subject. And in order to sinipl~fy the inquiry; ahd to· enable the reader to arrive at a proper· conclusion without difficulty, I shall subjoin, ies ions, what will be fo'und to be corollar · proposit in•· distinct ' .• '\. "( ·• 1adons, the treatment of slaves was in.general mild arnfhuni'an~, and they suf•• fere<l' hardships not greater than hired servants." , And in Connecticut, Judge Reeve, speaking of slavery there, holds this lan· guage: "Th~ law, as heretofore p;actised in this state,J·espectj.ng slaves, must • this in pi;evail~d which slavery the lest however, will, now be uninteresting. I • state should be forgotten, mention some things, that show that slavery here con, no' had rilaster The kinq. rigid absolute,: the of' was very far from being trol over the life of his slave. If he :killed him, he was liable fo the same punishment as if he killed a freeman. ';r:he master was as liable to pe sued by the slave; in an action for beaili{g 9r wounding, or f~r 'immoderate chastisement, ·as he would be if he h;id thus treated an apprentice. .A slave was capable of • holding property, in character of devis~e or l~gatee. If tlie- master should ·, him, against action -..n entitled-to ta:ke away ·such property, his sla:ve ·would·be , by his prochein ami (next friend.) From the whole wes.~e, that slaves had the same right of life and property as apprentices; and that the difference betwixt them was this: an .apprentice is ·a servant for time,· aqd the slave is a servant • for life.'' Reeve's La11) of Baron & Feinme, '3c. 340-1. �. 25 from the act of South Carolina; and, in connexion with eacn of them~ such laws as may be specifically applicable will be quoted, and their just bearing indicated. Prop. I. The master may determine the kind, and degree, and time of labo1,1r, to which the slave shall be subjected. • II. The- master- may..-supp1y the slave with such food and clothing only, both as to quantity and ·quality, as he may think proper, or find convenient. III. The master may, at his discretion, inflict any punishment upon the person of his slave. • IV. All the power or" the master over his slave niay be '. exercised not by himself only in person, but by any one whom he may depute as his agent. V. Slaves have no legal rights of property in things, reaJ or personal; but whatever they may acquire belongs, in point of law, to their·f!Iasters. • Vi. The slave being a personal chattel-, is at all times 5 liable to be sold absolutely, or mortgaged or I leased, at the will of his master. VII. He may also be sold by process ~f law for the satisfaction of the debts of a Hvin'g, or the debts and bequests of a deceased masfer, atthe suit of cre.ditors or legatees. . VIII. .Kslave cannot be a party before a judi~ial tribunal, _ in any species of action, ;igainst hi lister, no / matter how atrocious ·may ha • eeri the injury-. received from him. IX. Slaves cannot redeem mselves, nor obtain a change of masters ough ·cruel treatment may have rendered ch change necessary for their personal_,.safet'y. _ . X. Slaves-being objects of property, if injured by third persons, their owners may bririg suit, and recover damages, for the injury. . XI. Slaves can m~ke no contract. S XII. Slavery is hereditary and perpetual. <; f f 4 ,. �26 Pteparatively to the separate discussion of the above propositions, the remark may be made, as applicable to each, that the absence of a legislative change as to the law of the proposition, is always to be taken as an implication that it exists as is therein stated. For the propositions, it will be recollected, are corollaries from the express general law. • Prop. I. THE ArasTER MAY DETEirMINE THE KIND, AND DE· GREE, AND TIME OF LABOUR, TO WHICH THE SLAVE SHALL BE SUBJECTED; In most of the slave-holding states, the law is -silent on this topic. There can be no doubt, therefore, as I have just intimated, that it is given correctly in the terms of the proposition. As to the silence of the law, the codes of G.eorgia:, South Carolina, Louisiana and Mississippi, furnish exceptions~with what efficacy, will be shewn in the succeeding oliservations. One of these exceptions is as follows: "If any person shall on the Lord's day, commonly called Sunday, employ any slave in any work or labour, (works of absolute necessity, and th_e necessary. occasions of the family only ' excepted,) every person so offending shall forfeit and pay the -. sum of ten shillings for every slave he, she or they shall so cause to work or labour.:' .!let of May 10, 1770; Prince's Digest, 455. So in Mississippi, under a penalty of two dollars. Rev. ' Code, 317; .!let of June 13, 1822. - • "Any ·o wner or owners of a slave .or slaves, who shall cruelly beat* such slave or slaves, by unnecessary or excessive whip-ping, by ;withholding proper food and sustenance, by requiring greater labour from s-Jch slave or slaves than he or she or they are able to perform;-by nQt affording proper clothing,. whereby the health of such slave or ~hves may be injured and impaired, every such owner or owners shan, itpon sufficient infm·mation being laid before the grand jury, be by said grand jury presented, whereupon it shall be the duty of the attorney or solicitor gene-ral to prosecute said owner or owners, who, on convic~ion, shall • B eat is the word used ii:i' Prince's Digest, from which the ·citation is made. • To make sense; treat should be substituted. �27 ,. be sentenced to pay a fine, or be imprisoned; or both, at the discretion of the court." Prince's Digest, 37 6 ( act of 181 7.) The ostensible design of these laws, is to afford protection to the slave. But, unfortunately for the oppressed, a ·single fact proves that the "promised good_" is almost, if not altogether illusory. It is an inflexible and universa!,zule of slave law, (to whi~h more particular attention will be hereafter given,) founded in one or two sta~s upon usage, in otpers sanctiQp.ed by ezpress legi,slation, THAT THE TESTIMONY OF A coLoURE_D PERSON, WHETHER BOND OR FREE,CANNOT BE RECEIVED AGAINST A WHITE PERSON!!! It is scarcely necessary to add another word to substantiate the all_egation, that these laws of Georgia • ought to be considered entirely and unqualifiedly nugatory. By way of illustration, however, suppose a slave, by the comm4nd of his master, and through terror of his displeasure and punishment, is discovered, employed on the Sabbath, in the ordinary labours of the field. It may be assumed that the mas: is apprised of the prohibition of the law. He knows equally we.ll. too, .thit the t.estimo~y of a wkit~ man only can be pro~ duced against him. He will, of course, obey the dictate of common prudence,-a sufficient · share of which, for this purpose:, ~very man possesses,-and issue his commands to the slave in the absence of a white man. How, then, can he be convicted of this offence? or in what manner. can the law be enforced? It must be a dead letter. It can serve no valuable end. For • any benefit it yields the slave, it might as w~lJ not have been-passed. The same objectionsapply to the clause in the second section which h~ been cited, and which comes within the scope of the proposition under present consideration, i. e. " The requi:ing great.er labour from such slave oi: slaves than he, she· or· they are able to perform." Indeed, the difficulty in effecting a conviction is increased, inasmuch as the charge is by the law of a •t;riminal nature-every thing must therefore be strictly proved -the law itself must be construed strictly_.:._and, such a construction, without doubt, requires that all the illegal circum-• stance1.1 enumerated in the section should exist at the same time, �£· 28 . • • 1 • • t11e •master, to constitute t h- e szng,e·cnma. andb e /rove d agarnst elty to the slave. There is an obscurity and confusion in the~penning of this law, which will strike eve_ry one with surprise, who is not in some degree acquainted with· slave laws. .There is an omissiov, too, which deserv~s notice., The cruelty of the owner .only, 1.s made penal in the section; while the exaction of too mu~h fa,; hour, &c. by .the overseer or agent, is not provided against. The negro act of South Ga.J:J)]iruJ, passed in 1740, contaii:is, ~he following -language as. re11.tricti_ye,~_fu.e_~ris -power in • the exaction of labour from the slave. I copy, i_o adc_lition~to th~ enacting part of the section, the preamble, since it ser;ves t~ e-yidence the abuse which obtai_ne.d in this particular, at· ll very • early period, when the lal;>our of th_e .slave .Wa!\ probably of muc4 _less value than it is at the present time. ': Whereas iµany 'owners of slaves, and othertt who have the care, maJuigw;u.cmt -and overseeing .of sl;i.ves, ·do confine them so closely to. :hart/ labottr, that they have not sufficient time for natural rest: Be it therefore enacted, That if any owner of slaves, _Qr,. oth~r person who shall have- the care, management, or ov~tiefog of any _slaves, shall ~ork: or put any such slave or slaves to labour more than fifteen l1ours in twenty-four hours, from the tw:entyfifthday of March to the twenty-fifth day of September; or more than:fourteen hours in twenty-four hours, from the twenty-J1fth day of September to the twenty-fifth day of March, every such _person shall forfeit~ not exc1:,eding twenty p.ounds, ~or under five pounds, current money, for every time he, _she _or they .shalLofiend herein,. at tlie discretion of!the._..j ~ice befoie whom-the ·complai'nt ,shall be made." 2 Brevil/rd' s fligest, 2.43., -. . In ,Louisiana, the subjoined act was passed, July 7, 1806-., ·"· As for the hours of work an,d rest, which,are ·to~he.assign~d to slav~s in _summer and winter, the_old usages~£ the tetritory shall be adhered to, to wit: _T he slaves shall be.allowed h;di llA hou-r (m: breakfast.during the whole year_; from.the fu..st dl!j qf May to.the first day of No.vember,.the J shall b_e,_aHo.wed. tw.o hours for- tlinner; .and from t~e first day of. Ncurember ,ii); t~ first- day of May, one hour · and a ,half for dina:e,;:: ErQvide:<l, however, That the owners ~ho will themselves take the trouble ./ �29 of causing to be prepared the meals of their. s1:wes, be, and tl)ey are hereby authorized to abridge, by half an hour per day, the time fixed .for their rest." 1 Martin's Digest, 610-r~. The remarks which were made, in relation to the laws· of Georgia,. bear with equal force upon those of South Carolina and Louisiana, above cited'. They are wholly-inoperative-in- . eapable of being executed-and must, without doubt; give way to the cupidity of the master, whenever circumstaQces excite the ,passion for gain. But to speak -of the law of South' Carolina -suppose it to be religiously observed, is not the measure as to the length of time (fqr as r~gar_ds the kin<!_ or degree of labour. no regulation exists, and it would be futile to make any) excessive, and likely to _be destru.ct.ive to bQclilJ-en-ergy?~ In a mat• t.er of this nature, exa_ct graduation is not easily attainable; yet; judging from such data as I have been .able to collect, l think. myself authorized in the conclusion that too much is permitted. In the island of Jamaica, besides many holidays which are by law accorded to the slave, ten hours a day is.the extent-of the time which the slave is compelled ordinarily ~ work. See 2 Edward's West Indies, book 4, chap. 5. Also, Consolidated Slave .flct of Jamaica, 'ibid. book 4; .f1ppendix, section 18. The regulations of penitentiaries, in reference to the. employ.:. ment of conv.icts ~t hard labou_r, furnish additional criteria deserving of our attention. And, happily, it is in my power here to adduce the.authority of at least three slave-holding ,states, viz; Maryland, Virginia, :md Georgia, in conjunction with that of Pennsylvania and New Jersey. In each of these._States this law •has been adopted: "Such offenders (conv,icts) unless prevented by ill health, _s_hall be employed in work e"-ery day in the year except Sundays, antl such days when they shall_be confined in the solitary cells; and-the hours-oL.work,..in-each..d~shall ·be annany, as the season of the year, with an interval-of half an hour for breakfast and an hour for dinn_;r, wil!'perniit; ~ui-not exceeding eight hours in the months of Novembe!', D~cemoei:: -and January; nine hours in the months or' F,ebruary and D,c.to~ her; and ten hours in the rest of the·year. -1 Virg: R~v.-Code~ 624; Pr.ince's Digest, 382; Laws of Marjjltln'a,_Noo~ Se'ss; 1809, ch,--1.38, §30; Laws of New Jersey, revisedanifpublishef! ' ~ �80 in 1821,page 326; Purdon' s Digest of tlie-Laws of Pe1_1,nsyl~ vania, page 324 ( act of .l:lpril 5, 1790.) • Hence it appears, that according to a statute which was en• ·acted upon the most solemn deliberation by one legislature, and which has been adopted since by four other distinct bodies of the same nature, ten hours 'make up the longest space out of c?twenty-four hours, which can be demanded for' labour from convicted felons, whose PUNISHM ENT was designed to· consist } .chiefly of HARD LABOUR. Yet the slave of South Carolina, undei: a law professing to extend humanit y tow.ardshim, may be sub: -jected to unremitting toil for FIFTE.EN HOURS within the same :. : period!! this in slave,' the of • If we turi1 to Louisiana, lhe condition the _ though For n. particular, will be found without melioratio be to declared purpose of the act which I have transcribed, is work for to ascertain w,hat hou'rs .are to be assigned to the slave and REST, the only rest which it provides is 'half an hour act. - breakfast and two hours for dinner. At what time a third meaJ is to· be taken, whether at sunset or at midnight, is left to the master' s pleasure. And judging from 4our . knowledge of the mode in which sugar is made, and cotton.raised and pressed, it is not too much to say, that the going down of the sun is by no means the signal of repose to the weary slave:* And let it not be forgotten, that the slave witl1in the short time allotted for rest, is .under the necessity of preparing -food for his meals!! f > THE MASTER MAY SUPPLY THE SLAVE WITH SUCH FOOD AND CLOTHING ONLY, BOTH AS TO QUANTITY AND QUALITY, _AS HE MAY THINK PROPER OR . FIND CONVENI ENT. Prop·. II. extract from a Louisiana newspaper, dated New Orleans, March 23, 1826, will tend in some .meaiure to confirm this remark. The words are these: "To judge from the activity reigning in the cotton ,presses of the suburbs of St. Mary, and the late hours ~uring which their slaves wark, the cotton trade was never more bris~." Sugar making is, I believe, generally more lafiorious than the cultivation .of cotton.'. In an article on the ·. agriculture of Louisiana, co11tained in "The Western Revie'V," No. 2, (the editor of which.is by.no means 'wuavourable· to sl~v~ry,) -the foll~wing statement appears: "The ·w;;_k (;1{g;r - malting) is admitted to be' severe far the ltanih, (slaves) requiring, whe;r,: tlie pro•• , ., _A1.1 cess of malcinc sug ar is commenced, ~o DE rR£SSE D NIRHT· .lll'D DA-Y ," : _.. �3f • Legislation, having a direct reference to the subject-of this proposition, may be quoted from the codes of Louisiana and of North and South Carolina. Still, as the slave is entirely under the. • ' control of his master-is unprovided with a protector-and especially as he cannot be a witness, or make complaint in any known mode against his master, the apparent oqject of these laws rriay . always be defeated. I might, therefore, spare myself any further attention to this proposition. But, for the information of those who have not resided in a slave state, I think fit to copy the authentic testimony of acts of assembly, as to the quantity and quality of food whfch are- dire-cted to be provided for slaves. Thus in Louisiana, "Ev:ery owner shall be held to give to his • • slaves the quantity of provisions hereafter specified, to wit: oneJ ~J;;,w,_,, . harrel of Indian corn, or the equivalent thereof in rice, beans or other grain, and a pint of salt, and to deliver the same to the said slaves in kind every month, and never in money, under a penalty of a fine of ten dollars for every ~ffence." 1 Martin's Digest, 610, act of July 7, 1806. In North Carolina, a much less quantity of the same kind of food.is deemed sufficient, as is implied from the following curious section of an act passed i~ 1753, and which is still in force: "In .case any slave or slaves, • who shall not appear to have been clothed and fed according to the intent and meaning of ·this act, that is to say, to have been • ·_su~ciently clothed, and to have constantly received for th~ pre- f . _ ~ cedmg year an allowance-not less than-'lrqu-art of corn per day, shall be convicted of stealing any corn, cattle, &c. &c. 'from any person· not the owner of such slave or slaves, such injured pei•; son shall and · may maintain an action of trespass against the master, owner or possess~r of such slave, &c. and shall recover • his or her damages, &c." Haywood'; Manual, 524-5. The allowance of clothing in Louisiana, seems to have been graduated by the same standard by which the quantity of focid was determined in North Carolina. " The slave who shall not have on the property of their owners a lot of ground to cult1vate on their own account, shall be entitled to receive from said ow_ner one linen shirt and pantaloons (une chemise·et une culotte )· ~~ de toile) for · the summer, and a linen shirt and woollen- great coat and pantaloon~ for the winter.,, . 1 Martin's .Digest, 6~0. Y - �32 ;, The other sl;i~e-holding st:_ites do not_-preterul to fi:icthe~lrind '?nd quaRtity o,f food and elothi11g_ to be furnished to the sfo.vec; but in South C~rolina and in -Ge~rgia,. the cruelty of d-enying:to him a sufficiency pf eith~r, is rtttempted to be guar4etl~ag~inst: •rhat:full Justice· may be done to the humani:ty-of the law:givers·. of South Carolipa, I extract a section of the law which professes to gi.ve redress to the injured f!lave: "In case any person, &:c:, :who s]iall be owner, ·or who shall h'ave the care, government 01: • charge of any slave or slaves, shaU. deny, neglect or-refuse t-o aUow ~eh sl~ve ,pr .cslaves det his ot-her"Charge sufflcient £19thing, covering 0r. foo?, _it shaU and .1nay be !awfol for any • person or persons, oµ behalf of such slave or. slaves, to make · compl;,int • to the . next -neighbouring justice in the parish where such sl~ve or slaves live, or are usually employed; and • the said justice shall .summons the party against whom such complaint shall be mad~, and shall inquire of, hear -and ae.termine th~ same; ang, i(the said :justice shall find the said com.r plaint to' be true, or that such per~on will not exculpate or cfoar. himself from the charge, by his or her o_wn oath, which -such_ person shall be at liberty to do .in all <;ases. where· positive · proof js not given qMhe Q:ffence, suc~justice shall and may mak~ • ,$UCh orders upon the same, for the relief of such slave·or slaves, as he -in-his discretion shall think fit; and.shall and may set and impose a fine or penalty on any; person who_:sh.:dl .nffend in the premises, in any sum_not f xce~d.i!ig- twenty pounds, current money, for each offence, to be levied by warrant .of distress and sale of the offender's goods," &c; &c. 2 Brevard's 1Jig. 241 .;. .Similar in Louisiana, :1 Martin's Dig. 638-40. • ~· ., ;Now, as the slave cannot be ,heard as. a witn~ss, it is n_ot ver.y easy•to ·see how positive pr,oof as to the insufficiency of food caQ. be-obtained; l!-nd, of course, by the terms of the act, -the master 01: overseer, by his oath; may exculpate himself-may answer the g~neral charge by as general a denial-a, matter which · _a';. intrepid consci~nce,~as all e~perience·t~tifies, will-easily com"pass. - . : :.::. -~ ~ '(. ~ .,.. _ • _The act of ,:Qeotgia-iemains to be considered. It will be see!½ py recurriiig,,tqc ili.e~latter section of t;h~ law of this st~e; u_pon' wJjiclt:f;:adVel).tured .a orh;f eomment while speaking the fir# 0 of �• 33 pr.op<mtion of this chapter, that among the constitueiits of the crime of ·cruelty by the master to his slave, are enumerated, "the withholding proper food and suste1iance,',. and "not affording proper clothing." For "withholding proper ·food. and sustenance," it has been demonstrated, _I trust, that· the master is dispunishable. The proof cannot be had. Whether the slave be properly clothed may, however, be ascertained by. inspection. But here it is necessary to.advert to a remark already made, namely, that the crime•of cruelty, according· to the legal interpretation of the section, requires the co:.existence of all the illegal circumstances specified in the ~-' ~ It is not enough that "proper clothing is not afforded" -proper fot>d-must be withheld-excessive labour must be exacted-unn'ecess:rry and excessive whipping must be inflicted; and from all these concomit.ant cawes, an effect is to be produced and proved, "whereby," such is the language of the act, "the health of such slave or slaves may be injured and impaired!!" Upon the topics of this proposition, another act of Georgia may be 1:ited; the provisions of which ate of a character .so novel, that I shall be under the necessity of detaining-the reader longer, , in its discussion than is altogether c-onsistenrwiffi.-the plan of this sketch. The ·act is a brief one-, and I transcril'>e ilenti:re: " Section I. From and after the passing of this act, (December 12, 1815,) it shall be the duty of the "inferior courts of the · several counties in this state, on·Teceiving information, on oath,'. of any infirm slave or slaves being in a suffering situation, from the neglect of the owner or owners of such slave qr slaves, to make particular inquiries into the situation· of such ·slave or ' slaves, and render such relief as they in their disc; etion m~y think proper. "Section 2. The said courts may, and they are hereby authorized, to sue for and recover from the owner or owners of such slave or slaves, the amount that may be appropriated for the relief of such slave or slaves, in ·any c~urt having jurisdiction of the same; any law, usage or custom to the contrary notwithstanding." Prince's Digest, 460. • By the terms of- this act, the relief spoken- of is •co.nfined to infirm slaves. The ~urpose of tl:tis restriction - 1 cannot pcr5 �• 34 ceive. It is unnecessary, however, to trou~le om13elves with the inquiry, since to the professed objec~s of its bounty it is -scarcely possible a benefit can result. As a preliminary to judici~l investig~tion, the express directions of the first section r~quire informa tion to be given to the inferior judges on oath, I need not .repeat, that thjs must be the oath of a white man. A flagrant case it must be, it will occur to every reflecting niind, which will induce such a person to incur the enmity ofa plantef, by making a formal complaint, on oath, before the judges of the court, that " an inform slave is in a·sufferin g condition .from the neglect of his owner." But, lef it .he- granted, that such complaint has been preferred by a competent PE:rson; it is.., it will be observed, but an incipient proceeding, and without ·the . inadmissible evidence .of the ;lave himself, how can the other requirements of the act be complied with? What kind of replies can ,be expected to the "partic ular inquirie s" which the jttdges are directed to make? . The charge is a grave one-!t · strikes at the character of the master; the evidence to support it · should be proportionately cogent -it should he incontrovertible. . Improbable as 1 think I have shown the supposition to.be, let it be furtlie; g_ mten.;.that:the complaint has J>een established by e-viaence satisfactory to the judges, and that, in conformity with tlie directions of the act, they_have proceeded "to render such .. relief as they, in their discretion, have thou_ght proper." proIf the reader be in any degree conversant with judicial ceedings, h e will be apt to conclud~ that this latter .concession is. an abandonment of the argument. And, truly, had the law: under examination been founded on practica (prin,ci ples-had it been framed, ·as all laws ought to be, to an°swer the behests of , justice, the concession would be open to-'this objection. Yet, _ g ·as ~ve may be to believe the reproach;.,it is impossible unwillin , to shut out the conviction, that the makers of the act did not de~ sign it to be efficient; otherwise, the second section would 1_10t •i:iav~ been appended: This section giyes to the act, as has been before observed, a character altogether· novel in jurisprudence. ,By the fii·st seotion,-it will ·be recollected, the duty is imposed "partiOil ,the judges of the inferior courts, after having made t o ren• ' slave/ sufferirig the of situation the cular inquiries into h. 0 �• 35 , der such relief as they should think fit. One would naturally infer, that after a judicial tribunal had solemnly adjudged "relief. to l,e necessary for AN INFIRM slave in a SUFFERING condition from the NEGLECT of his owner," that the hand~of justice.would not be tardy to enforce the decision. • Very different, however, were the sentiments of the humane legislature of Geor&Ja. No relief is administere~. The duty of the judges is by ·t he de~rmi~tio nJhat relief is nec,;ssary ! They at qmnot order~ ezeC'Ution upon t h e i r j ~ a r v e s f should have been ready for the sickle-but the seed has not be~ti sown-the ground is not even prepared to receive it. The judges are authorized (not commanded ) to assume the unheardof character for judges-to become smioRs in anothei· court- • "to sue fort" says the second section, "and recover from the owiic;r or o.w s of Stich slave or slaves, the amount that may be appropriated for the relief of such slave." No special provision is made for the payment of costs, in case these plaintiff judges should, 'from defect.of evi~ence, or from any other cause, he unable to 4?9nvince the ulterior court and jury that relief should be afforded. It results, of course, that they must defray them from their private resources, like all other unsuccessful parties to an action. The delay and uncertainty of the law, even in its ordinary mode of administration, where every reasonable facility for investigation is accorded, are proverbial; is it ·to be expected, then, with the obstacles to the execution of this act which have · be~n pointed out_:_the exclusion of slave testimony ~hen' no other testimony would be likely to disclose the necessary facts-the preferment of the complaint before one set of judges whose decision, at most; leads to no other result than that these'i judges may become suitors in the ·cause before another distinct judicial tribunal, with the certain inconvenienc e . of the loss of time, and the almost certain loss of n:ioney, that or that it should be terminata suit should ever be terminated. ed in favour of the slave_!! Legislation such as this, is ~orse than mockery. an~,. . Prop. III. THE MASTER MAY, AT His DISCRETION, JNFLicT ANY SPECIES OF PUNISHM:EN'f UPON TllE PERSON OF m s SLAVE - . ' �86 If the power- -of theJnaster, to the extent here implied, wet~ sanctioned by express law, we should have no claim to the character qf a civilized people. The Nery being of the slave w~uld ·be 'in the hands of the master. Such is not-the case; 1;1n the contrary; from the laws which I shall cite, it will be fupy" evi:' dent that so far as regards the p_ages of the stalitte book, the .life at least of the slave, is safe from the-...authorized~v}glence o{ the-master. The evil is nol that-laws ;re wanting, but th(!t they cannot' be.enforced- note-that they sanction crime, but that they do not pun-ish it. And this-arises chiefly.; if not solely, from the cause which ·has been ~more than on~e mentioned- the exclusion of tfie testimony, on the trial of a' white person, of all those who are not white. • '- : . There was a time in· many, if not in all the slave-holding • districts of our country, when the·mur der'of a slave was follo~ ed by a pecuniaryonly. ln·qne state,- a change of the law in ~this respect has been r~cent. ._At .the present date, fain_ happy to' say, the wilful, malicio~s ·and deliberate ~ut der ..of a.,' •slave, by who)J1so~ver perpetrated, is declared_to be punishable •with death i111 J¢ery state. James' Digest, 392 (aet of D ecember 20: 1s211; 1 Rev. ·cod~ · va. 616;- 1Iqywooil!s Manu~l, {N. e.) 530-(act of 1798); Constitution-of Georgia, art. 4 ,. , .§ 12, and act of .flssembly (1817); Prince'sVigest, 348 &456 ; ~Mississippi Rev. Code, 291; _M issouri Co;,,stitutiori, art. 3, § 28, anf! act of July 4, 18-25; 1 Missou1'i Laws, 282 ; . L aws of Tenn~ssee, act of Oct. 23, 1799, &e. &c: : • , ' A sligl1t difference in the laws of the several states obtains on this point; :i hich is not unworthy of being ·noted. In Virginia, li' ·the penal code contains no definition of murder,- ·~s · such, bµ t . ,impl~edly adopting ~the: common ld'li! definition; prescribes -the -punishm~iit to be .!nfli°ct ed for thiit criµie . Of co~sequence, · -whatev.eibe tJie·complexion of the persqli murdered, or whether he he b011d· or· free, ,the law as to the guilt'qf the· offend~r -is the same.. :.fl.ct pp Ma1·ch 6, 18'i9; i .Rev. Code~ 616. -Similar iin nne ;;, very 'hi " The distinction, which origi~ated 'in Pennsylvania, as to·d·~grees of guilt the crime of murder, has been recognised in Virginia. Thecname of the crime, ho'Y'7ver, is not changed in either of these state~it is in the punishment only, that the distmction is important, • • •• �3'7 Missouri, Constitution, art. -3; § 28; and 1 Missou1·i Laws; 282, § s. • ' " · The conflicting influences of_ humanity and prejudice are strangely contrasted in the · law of North Carolina on this subject. Section 3, of the act passed in 1798, runs· thus: "Whereas by another act of assembly, passed in the year 1774, the killing of a slave, however wanton, cruel and deliberate, is only pun- , ishable in the first instance by imprisonment and paying the va1u·e • thereof to the owner, which distinction of criminality between the murder of a white person and one whofa equally a hurr:an creature, but merely of a different coniflex~on, i~ DISGRACE- FUL TO HUMANITY, AND DEGRADING . IN 'fHE HIGHEST DEG~EE TO THE LAWS AND ~RINCIPLES OF .A,.FR:FJE, CHRISTIAN AND E_NLIGHTENED COUNTRY, Be it enacted, &c. "That if any person shall hereafter be guilty of wilfully and malicfously killing a slave, such offender shall, upon the first . conviction thereof, be adjudged guilty of murder, and shall suffer the same punishment as if he had ~illed a free man: Provided always, this act shall not extend to the person killing aslave outlawed by v(riue· of any act of assembly of this state, or to any slave in the 'act of resistance* to Ms lawful owner or master, o~ To ANY SLAVE • DYING UNDER MODERATE CORRECTION." Haywood's Manual; 530; and see Laws of Tennessee, act of Oct. 23, 1799, with a like proviso. · • -The language of the constitution of Georgia, art: 4, § 12, is , so nearly similar, that I transcribe it in this place, in· order that . both may be conside:ced together. "Any person who shall ma- \ liciously dismember or deprive a slave ~f life;, shall suffer such \ punishment as would be inflicted in case'the like offence had been_ committed on a free white person, and oh the like' proof, except in case of insurrection of such slave; :fn~~ nless·suc~-I>E~TH• \ SHOt1LD HAPPEN BY ACCIDENT IN GIVING SUCH SLAVE MODE~ATE coRRECTION.'') Prince's Digest, 559. . • . The glaring inconsistency of the declaration in .the pr:Elamble· to the act of North Carolina, that "a distinction· or'crimin11lity ' .. • t·· -:. .., .... - ' - ~ ' . • In reference to this clause in the· proviso, . it h:rs J?een 'judicfalJy· deter! mined, that it is justifiable to'kill a'slave; resisting ·or offering!<> resist·hi.s ma~• _;;, __ : - ·~-~'.:::-::, • ~. ter, byforce.. 2Haywood'sRiports,54, �38 ) betw~~n the murder of a white person and one who ·is :equallf • a human creature, bu·t merely of a different complexion, is di;gracefy'l to· humanity, and degrading in °the · highest degree to the law~ and principles of a free, christian .and enlightened country," and the impunity which is granted, in the sam(} ~ection; •to the murderer of an outlawed slave; need1;1 but litt!e ~xplanation or comment. To set the matter, however, init~ proper ••light, it may be added, that a proclamation of outlµw;;;* against • ~ slav~ is authori:?:ed, wh.enever he ~uns away from his master, .t:<?qcAAJ~~ hi~f. ig\ !l,OID~ ·9bscur~ r.etreat, ·and, to su·stain life; ills a hog~ or some :ini~al of the i,:.attle king!! See Haywood'§ ·: , · Manual, 521; a·c to/1741, ch. 24,, §45. , this to . But to turn to another par! ~f the proviso, attached act. • To style the "correction" of a slave which causes DEATH.; "moderate," is a solecism too monstrous for sober legislatiom , ~nd yet,§uch s been the)aw of tw<>• e1_11ightened ·s~t~s for t a century; and ~the sam~ -provision; with more tfum a towan uni1,nportant increment, has been incorporated into the con- ,• stitution of a third state for an equal space of time!!. ,Had ?statement of this nature. apJ>eared in the pages of a foreign journal;.,_w • fo~e·amoQg us ~t would n<>t have)ndignantly • r~ll~'the charge 3P·aµ <!J)pro~J_alsehoop,.'l .- ' Thfll'~ is another point of view in w}lich t?is exception, ~ to death produced by the moderate correction of the slave, claims ;m observation. I mean, in respect to the protection which it throws· over the murderer, when on his trial for killing· a slave: 'Every one who has been the .least attentive to trials for capitql offences, or _who knqws the human heart, is well aware that the compassid'fl, of a jury is ev~r ready tg lay hold of a, prete;xt to •save _tjiemselves from the painful duty of c_onvicting a fellow b~ing ~[ a crime, t he punishment of which is death, - Strong evide!l:ce will not, therefore, be req~ired by -them-to i!lduce the ~ The outlawry of a ~lave is n~t, 1 believe, an unusual' occurrence. V ~ry recently: a particular account was given of the killing of a black man, n_ot' c:harged with'. any offence, by a person in pursuit of an outlawed'sl~ve, owing, ?,S it was stat~d, to th~ person ·killed rwt answering to a call made to him by tJ!e pursuers. Whether the call was 'heard or not, of course could not be a..~cer• tained, nor did it appear to have excit~d any inquiry. �39 belief that the murderer's design was·the correction of the slave -that possibly (and possibilities are usually urged as sufficient justification for acquittals, where life ·is.in jeopardy) the mea~ure bestowed was moderate, and of course the death must have lieen accidental. In South Carolina, (act of 1740,) the legisiature having by some means made the discovery, as they set forth tn•the law, that "cruelty is not only highly unbecoming th<ffle ~ho .profess themselves Christians, but is odious in the eyes of aIJ men who have any sense of virtue or humanity-to restrain and prevent barbarity being exercised towards slaves," enacted, "That if any person whosoever, shall wilfuIJy murder his own slave, ·or the slaves of any other person, every such person (i. e: the offender) shall, upon conviction thereof, forfeit and pay the suin of seven hundred pourids, current money, and shall be rendered for ever incapable of holding, exercising, &c. any office, &c. and in case • any such person shall not be able to pay the penalty and for•f~iture hereby inflicted and imposed, eve:i:y such person •shall be · sent ·to any of the frontier garrisons of the province, or co'mmitted to the work-house in Charleston for the space of seven years, ' &c. &c.. at hard labour." 2 B1·ev. Dig. 241. This pecuniary : mulct was the only restraint upon the wilful ~urder· of a -slave in this state, from the year 1740 to the year 1821, a period of more than eighty years. But wilful murder, in the ·sense in which the epithet wilfid is here used, it is not very likely. would be often* perpetrated by the master. The-' specie; of •murder, "the cruelty ~f which c:m scarcely 1:e exaggerate.cl by " Perhaps in this supposition I a;; mistak~n. --I find in the ~ase of '' The State vs. M'Gee, 1 Bay's Reports, 164, it is s:iid incidentally by Messrs .. Finck: ney and Ford, counsel for the state, " that 'the frequenc,1/ of the offence ( wilful murdtrr of a slave) was .owing to the nature of the puni.shment," &c._&,;;. JJ.elatively, however, I have no doubt the,I_attei- species of this crime,· i. e. murder • by undue wrrection, &c. must have been much more commop.: A reflec,tioti naturally suggests itself from the remark of Messrs. 'Pinckney and Ford, which I have· here transferred. This · remark was made in 1791, when the above trial took place. It was made in a ,public place..:.a ·court-p.otise-and by men of great personal respectabiJity. There can be, therefore, no question as to its TJWity, and as little' of its notoriety; ne\'ertheiess, 'thirty year~ 'elapsed_ • before a change of the Jaw was -effected!! �~o iny .description, and which t~ere is a slrorig probability, W<>?l.<J be.riot unfrequently chargeable upon the master or his overseer, •i,s delineated tn ;tl}other sec'tio~ of th~ · same_ act, · and .guard~d , agaip~t, how adeq'IJ,ately, the reader wil! judge for himself, from • . the following quotation: "If any person shall, ona sudden heat kill. ~is own slave, or the or .. pas§ion, or. by itndue·correction, .. . . slave of any other ·person, he s};iall forfeit the slim of.three h1:n·:,;' • dred anil fifty pounds, current money." Ibid.' 241. • • . The. first n,amed of these sections, I have already me11~ioned; ha_s _been·repeal~lbr, an act_ofl82lywhich punishes the wiffuJ, ma}icious ..and deliberate_mur.der of a ~lave, by death wi!hou.t benefit of clergy. . Th~ _latter section, so•·far as relates to t~e killing of_a slave _on a s·u~den h~at or passion, has been supplied ·by.an enactment in the. Sa)Jle year, which DIM_INISiiES the pecu.., _ '' nictry penalty to five hundred dollars,_but aut~~rizes an impri..:~-- -o-, sonment npt exceedi1J.g six inonths. J_a'T[le~- Dig.es._1; 392: • t Where·the _life of the slave is thus fee_bly protect_ed, his''ziin.l!!~ ' as might be <;xpected, share no better fate. • I quote agajn from.'. th~ a~t of 1740, of S0°uth Carolina. " In case any. person shah wilful_ly cut out the tongue;· put out the eye,*~ ·o r ·c ruelly ·sc_ald, b!,lril, or deprive any slave· of _anf limb; or. ·membei:,-or shall inflict any of1ier :cruel punishment, .other than by whip: ping or be,atirig ,vith a , horsewhip, _cowski~, swi~ch or . sm~U stick, or b.y pidting irons on, •or confining or 'imprisoning·. such slave, every such p~:r:~o~ s~all, for every ~uch offence, for~ feit the sum of one hundred pounds, current money.,, - 2 Bre- . vard's Digest, 241. This section· has, as far as I have be~n able _to learQ/been suffered to disgrace the statute book from the ye;r 1740 . to ~the pre~ent hour. , Am~dst all the gmtations wqich •. Christ.ianity has _effected witnin . the last century, she has nqt been able to conquer the spirit which dictated •this ab!?minable, law. ·To say nothing of the trifling"pena-Jty- fo'r'ITPl:Ctilation, :what idea of humanity niust a· peopJ.e' entertain, who, .by· direct . legislat,ion_s_a~cti_Of) the ·b,eating, ~wi~IJ,014t limit, _of. ft;-llo~ crea~ . 0 a " " Ho~ differe)!t·_,;;; th;:~osaic law , "If a.man smite the eye of his servant,, or the eye of his maid, [hal{t perish, he shall let him go free for his eye's'sake.": · " And lf _he_smite out _his man,servant'li tooth, Qr. his maid S_l':;Vant's to9th, he.• ish~flet him go free for. his tootl).'s ~~,". Exodus, chap. -21,.verses 2i, _27: . , , �• . ., ' a ture, with horsewhi; or cowslci~-'-al)!I the. infliction of a~y·t~r: ture which the ingenuity and malignity of Il]-an may invent, in the application of irons to the human l:iody; .ancf'tne perpetual in: · carceration, if the master so will, of tbe unfortunate '·sJave, in a . " dungeon keep," however. loathsom~. :13uch, nevertlim~ss; is ' the justinterpretation-oLthis..la.w.,,-a law too, which at ·the same •' time denominates-these..very-aets:wniCH IT AUTHORIZES, triiet punishments. · · · •• _-~ ~ . • . · : -:. • ~ Louisiana has borrowed the last section of the i,outli Carolina law, with the exception of what respects m.utilation~ and making •· the penalty not more than five hundred _dollars, _nor less-thari two hundred. See i Mar#n' s Digest, 6$4. Whatever J.'.emarks; therefore, were made' upon thatlaw, will apply equally to this . • Her new CivilC~de effects no reformation-of the olp Ia~, but is cbntent with the enunciation of a general principle, which is regarded, no doubt, as the quintessence of humanity. "The slave is entirely subject to the will ofhis master, who may c_or. net.and chastise him, though not with unusual'rigour, nor s~ . ~ to ·maim or niub.late him, or to exp~se him t~ the ·aa:-nge/of. ioss of life, or to carise his death." •Civil Code of Louisiana:, art. 173. How far the power of the mas!er i~ lii-r:iited by th~ ·expression unusu(J,l* rigour, may be easily;inferred, wheQ. it is recollected that the law of South C1:1rolina last-noticed, had been in full force in-Louisia-ila-f-0~-efore, atrd was so at the time when the Civil Code was adopted ... . The constitution of Missi13sippi bestows upon the g~neraf -as.: sembly power to make la~s to oblige th~ ~wners of slaves to , I • - ~ ,,, , • • So lately as 1819; the legislature of Louisiaii'a recognized the practice of putting iron chains and collars upon sl~.ves, to prevent · th~m from running . away. The act reads thus: " If any person or perso~s, &c; -shall cut or break . any iron chain or collar, which any master ·ofslaves shoi:ild h:we.used.in order to prevent the running aw11-y or escape.of any such slav~ or slaves,·such p e'rson or persons so offending shall, oii conviction, &c;. be :(ined not less than (wo hundred dollars; nor exceeding one thousand dolla,i-s; a~a'.' suffer imprisonment for a term not exceeding two years, nor less than six months." .llct--of ~.!lsse'[f: big, of March 6, 18197""]1,amphlet, p!lge ?4: It is w~rthy of' sp~c;ial po~lllemoration, .that the legislature of the -same state, .by the law given abovx in the text, from.l Martin's Digest, -654, imposes a mucli~s penilty for the in,A.iction of "cruel punishments,'' of the most :tti'oc'ious descriptiqn, upon the slave. 6 ' �,. ~'¼..,_.. ~--42 . . , treat th;Jn ~i.th hu~iinity.:_to, abs~in fr~m all -.injtirie~ to' th~#i e~tendiQg to lif~ or)imb; ·and, in case oftheirneglecf or refusal · ;.t5n~rµply wiY!::;;t1ie directions _of su~h •iaws, havi such slave ~r §laves# for the benefit of the owner- or _owners. Const. MfssidlJ}pi, Title · Slaves, s4ct. I;; Rev. Code;:554. _ In the_~ex~ . ·- t,l'~ of ~he J>Ower thus grant~d, in the-first ~and:sec.o nd c1auses;viz. ." to· oblige the owner~ of slaves to treat them with humariity, and to abstain frpm ail injuries to_thei:n extending to ~ife ·or ' • ,!imb," j;he ge!J-etaias~_embly: hav~ ·p:;i.ssed this act: "~No ctuel • unus1:1al punishqient shall be inHi¢tecf on-ifoy•stave-·wit.hin this · ' ita,t~. Aiid any master or othe~ perso~ entitled to the service _·. of any slave, ~ho shall inflict such cruel'or unusuarpunish~ent, ~r shallauthor_ize or permit the -s~me ·to be· inflicted; shall, on, •s o.nvictipn, _&c: be fined .;ccording to •• the·, magnitude of . the . pffence, at the discretion of:the court, in any sum npt exceeding fl.ye hunqre& dol1ars," .&c. Re~.~Code, · 379* ·(act, of June 18'/h, 1_822.) Wi_tho_ut the testimony of, the ~lave,-! again rem'ark,, a la~ of this nature may be regarded as nugatory: • But, abstractedly ..considered, wpat protection .does it hold forth: . "Cruel" ;l ~nq "uni~s.ual/' cori;,_ected-as they are by the.disjun~tiv,e·."ort · • _m~an prec,isely the same t!ii11g, and ·w ill be sd construed·by,the co-µrt. •And "yhat horrihie ~barbarities may be excused ~nd~r the riam_e of u~v,-af, punishments, the reader will b() enabled~to judge by recurri11g _to:thc Ja~s _of,;..South Carpliria. andcLoui:siana, co~t~ined oh the, pre~edii;ig pages. . ' . ~ ut what ·reason _can be alleged for. not putting· in requisition ,. • • ~! once; the important power, "to have _sfaves sold from their owners who neglect' or refuse .. to ~ompl'y' M'ith the directions of :law\ desigrrep. to' secure ·humane tre~fmenfto su~h'slav~·s.~' This point will be the subject of separate examination hei:eaffer,· and i foroear there(ore.: enlarging upon it now: . '. : TJ:ie c;onstitµfion of Missouri has ·g~ne beyond that of-Missis,iippi, iii relati?~ to the prote~tfon of slaves ffo m the>inhtill_lanity •· of their Il}asters; for it not ?nly empowers the.legisl~!ure ." to oblige t~e -oWners ·of slaves t9- trea~ tl).em with humanity, and, t&' ' ' -...• ..,_ ' to or 0 • - ~ ;, .. .;,..... ~ Jf!I. '-· .'.'.. Alab.a.ma l;i.JlJl a.s(mil~ law, -e)!cept as: t9 the p~nalty, ,which is but,Q.n~ hµn, dred dollars. Toulmin's I)ig~t!, 631 . • '.,._ - _ �43 abst:µn from . all injuries to them ex~ending to.-life.,. or !'imb/' • .Br~..s, § 26, last clause (1 Missour.i Laws, 48) but·it is 'nia!fe· its DUTY to pass such laws as may be necessary for this p~tr.; p08e. If this injunction be regarded· in its proper light; 'it 'will · be incumbent on the legislature to remove the restrictio{l whi_ch has been imposed on the reception of' the· testimony of aif who are not whites. As yet, no.law has been enacted on the authority of the article in the constitution; on the 'contrary; there is· . an a~ which ~onfers upon the master a new -~ode of in~icting : punishment on the slave, which may be perverted to subs_erv~ . purposes most cruel. " If any slave_resi~t his· or her master, mistress, overseer, or employer, or refuse .,to obey his her lawful commands, it shall be lawful for such master., &e: tcrcom-'· mit such slave to the common gaol of the .county, there t~ ·re- . main at the pleasure of the master, &c.; and the sheriff _shall receive such slave, and keep him; &c. in confineme'nf, at the expense· of the person committing him or her." l Missouri Laws, 309. Whil,!:l for the obvious reason, .that the master, if cruel and vindictive, can gratify his :disposition in :r manner less expensive, and much less troublesome to him in its execu':: tion, and more severe towards his victim, I do not think it pr~~ , bable this power will be abused; yet; viewing ·man a~ he is, no law ought to justify and assist in the imposition o( a punishment of this nature, to be prosecuted to any,: extent which; a wicked ,. . 0 ·heart may desire. Upon a fair review-of what-· ha:s-he~n written on the: subject of this proposition,_the result is found to be--:-:'That the:m·a~teris power to inflict _corporal punishment to -any exten~, short of liie. and limb, is fully sanctioned by law, in t;t,l( the slave-holding states-that the master, in at least two states, is e;tpressty· protected in using the.hors_ei.vhip ·and cowsfairi, as instru~ent~ fqr heat,i ng his slave-that . he may, with entire 'impu~ity; -i1;!'. the· same states, load his slave with irons, or subject him to perpetual ' • · , i_mprisonment whenever he n:iay so .cho'ose_:_that for .~rueHy scalding, wilfully cutting out the tongue, putting otit -an ·ey~,and for any ·other dis~embernie'n t," if proved; a"fi'rie ,of hundred pounds currency only -.is incurred in S09th Carciiin'a---:that ·though in all the states the wilfu.1, deliberate 'an~ malioi~us !1!.U.X;"'... or one· ... - :<> .p; • • ~ • .. ~- I . _.. ✓~ 'fl'· �der of. th__g· ; lave is now dfrecled to be p~nisheawith·death; yet; as int-be e,;se of a_white offender, none except 'whites 'c~n give· •• .eyidenc~, a convictiQn ·can seldom; if ever; take .place. :. : ·' )':• • . ~rop.' ." IV: t , ... -, · ';"' ALL THE POWER oF 'THE MASTER O:VER THE SLA.V'E , .M_Ay BJ: 'EXERCISED, N;.OT BY HIMSE,L J' ONLY IN .PE_RSON, 'BUT'. BY -A:NY 'ONE W:flOM HE MAY DEPUTE .AS HIS AGENT. ~ •• -~;. .,. - Louisiana is the only state in which an act of ·assembly has The )anguage of the act may be • cited, as an· appallii;ig definiti:on•of slavery ,itself. ~'' The condi::. .1 !loo of a slave being.merely a .passiv:e one, .his,..Suhor4ination to hia master, and to ,aH who_-represe_nt hini,, is not susceptible' of • any modification. or restriction,.{ex.cept in what can . i:t1~ite. the . slave to the c_ommissjon of ,crime,) in such manner,- that he.owes to his master and to. all his family a respect without'.bounds and • ati absolute obedience,. ~nd lle is. c.onseqi:ie~tly tiuii~cute all the orders whi~h he .receives from .him~ hi~ _said master,; or from 'thi;im. " _!Martin's.Digest, 616. " ·'· . In the other slave-holding states, the subjoinea extract f.i-0m Mr: Stephen's delineation of slay_ery in· the We~t Indies;. will, . it is belie~ed, accurately exp.ress the -law and the. practice. , .. .. : " ,.; ~ ' .. ' , - ... I ~een passe.d on this toplc, I ' _ • A ca~e i,s_reported among the 'dedsions in the ,supreme coui::t of-appeal.!! in • Virginia,'-whrclr,while-it--c·on'firrns the text,- prov'es_ how wantonly this power · ' may be, and -is abused. The statement prefixed to the opinion-of the court is"·· in these words : "May brought an a~tiort of trespass ·vi et.a.tlnis,-in the Peters- , • h,urg distric}_co~, a~rist the- app,ellants; {Brow,;-& JJmaseau,J fqr breaking i. and entering his close, arid~be.ating several of his slaves, in the declaration.named, •· 0 81) 'that'he wa., !Jeprived°'of their s,eniices fm- a long time, and throwing down .his encl~s round his field; whereby his;wheat, then and· there gro~i~:-;,_J ~ ddtn 1<>wn and ipjured by a.great q umllcr of cattle and· herses, &c. lltc.~· A biJI- </f,ex.ci;ption!l states, that on tl}e. trial the 'defendants offered, in mitigation of di~ges, the testimo!1Y· of'.a witness, tending t~ prove that the plaintiff ha,d, . given a.gener.alp~on to, B;ourii, .Im.I; ofthe.defenda;ts; to VISJ; hi& negro quar- rers, and.lo cha,stise_ any of. 4is slaves who 'IT/ighfbe foµnil, a;;tingimproperly!' Th.is on evid~nce was rejected; not·that it was in itself improper, but tuhnicai obJections, one o£which was, tlfat it was oll'erea; and -according lo the state of theJ?le:acµl\gs, •if received, v.:;~uld-go to·tll~ defence o_f .both~Bri1.wn. :ma Boisseq!J;• 'J~fr~as T~Jj PtR~s~1~~,~~~~~:~~ B.~~~N ·9 ~the beo.ting, as' _ 1¥i~ ,_' ,. be~ previously shown,. had ,been •~fhcted,89kly __by Bo!ss_EA~u-"to whoJl),'1 continues the report, "itwas admittea no such p~rrn.ission had been given." &e't~for_<!/s Reports, 288, Br= cl Buisseau vs. May,. What more flagrant · 0 &,!YJ J..· �45 "Tha slave is liable to be coe~ced or punish~d hy tlil'! ~hip, and· to be. tormented. by every species of personnl ill-tr~a:tment, su~ ject only to the exceptions already :mentioned, (i. -e. the ·depFi- : vation of life or limb,) by the attorney, manager, overseer, driver, and every other person to whose governme-nt·or control the owner may choose to subject him,' as' fully:as qy the owner , himself. • Nor is any speeial mandate or, express general po:wer n ~ .{Qr this .purpose; it is enough that tlie·injli~tor of the . violence a. set> 01Jer the slave for the moment; by the--owner, or by any of his delegates or sub-delegates, of whatever rank ' ' • , or character." Stephen's Slavery, page 46. This power of deputation by the master is-0ne' of the degrad~ ing and ~istinguishing features of negro.'slavery-. It~was -not ~mitted by the law-of villanage. " The -villein might-'haye aa . . . . against1any man but his l0rd fore beating liim, ex:Cept for just cause; and it was no legal defence in such acti~n;'-to ,· plead that it-was done by the command of the lord." 9 Coke'-s' ~ .. ,, Reports, 16.11. and see Stephen'-s supra. 'Fhe most commQ~legate-o( the master is k~own by-ihe appellation of" overs!Jer." A description of this cl~s of._beings, is furnished by Mr. Wirt, in his life of Patrick Henty; page 34. Coming from this source, there is no reason to suspect the character to be surcharged with cruelty, and the-.following extract is in the words of that author: "Last -and lowest, (i. e. -of the different classes of society in Virginia,) afecitlum of .bei-ngs • call¢ 'overseers'-~e most abject;;. degraded, -unp,r,incipled '. race-alWllys cap in hand to -the dons who employed them, -and . furnishing materials for the exercise of 'theil' pride, insolence,, • • - '· . ' • • and spirit of domin~tion." -Prop. "Y· •Si.AVES HAV:E NO ·LEG'.°.ii:. RIGHTS OF, PROP..:ER'l'r ,N THINGS REAL OR PERSONAL, AND, WHATEVER PROPERTY _THEY • ' .... · - J>.. "I' MAY ACClUIRE, BELONGS, IN POINT OF LAW, TO THEIR MASTERS: · . - ... • ' '-- .... - .3 abuse of the master's power of delegation could lie prac;tise~ -tJci_~ 'thiB'=-t'd' • grant a general permissiuri to one not in the function of an overs¢'ef, •cir·-geh~ra( deputy., to' superintend the employment, &c. of the slaves, (f6r1lµs~c"ha't<a1i't~i is p~y denied to:Urown, inasmu~!'r~iflle is chargecl with' having~ tfii ell/Be of May, i. e. entered u~lawfolly, w!inout iis consent, upoh his premi~es,)' . to visit liis riegro q~rs,' a~d to cha~ti$e ~ny gf qi~ slavih ,!io migli:t b·e found, • : • • . actingimproperly!!1 '" , - �46 Of negro:slavery'orily, can -this.harsh ' docfriu.e be affirmed. : Am~ng the Romans, the· Grecians and the. arlcient ·Germa~; slaves were permitted to aequix:e· and el)joy property:<?f consi~ derable valu~, ·as their own. · " .The P<!,lish· slave,s; • even prior to any recent alleviations of theiI: -lot, were not only allowed to hold property but were endowed -with it by their · lords:'~Stephen's S{avery, ·o/c.' 59, citing W~ax_all's Memoirs; .2 vol, letter 21. In _the Spanish and }:'ortuguese colonies, the money and effects which a· _slave · ·acquires by_hi_s lal;>our at times set ~par£ for his own use, or, by other himest· I!).e;1ns, ~re teg_'all11. )is o~i:t and. c~n.not ·be s·ei2:e~ by h1s master-. _lbid 60 ... A~d even m tlie British-West India Islands,. w:here_the ·cond1tion_of slavery qn. the whole, is· not perhaps, less _severe than it ~is in . the slave-holding.sections of the United States, and, where in.truth, the unwritten law is as above stated in this propo~itio~; yet; the feelings of :the coip:muri.ity tliereSorbid_its·enforcement. by' thf master. Sin~e, however,- to deprive· the slave of ~I?i . little articles of property wl_iil!h. he- might "obtain, by the exer-: •. ~ise of his industry and skill~ in• the .fo~ .'. moments of' leisu~e ._ o_ccasion~lly i~dulged to him, has bee·n. thought of suffi~ient im: : portance to tall for &Qlemn acts of the ·geiierai' asseml:i_Iies in;o~r sfave-holding states; there ~seems but little· reason. to believe, _' that humanity has opposed their e~ecutjon and establis_hed a. ,. ·better,_practice-there. I insert -vari~us acts :of ass~·mbly, whi~h will evidence, in what light.this subject.is viewed in the states; so often·alluded to. Thus in South Caroi/na: "It shall not 'be ja,_wful for,·any slave to buy, Sell, · trade, &c. for a~y goods, &c.. with~ut a license from the:owner, &c. nor shall any .slave be ••.pex:mitted to ke~p any boat~ ·p~riauger*. cir ~anoe, or raise and: .. ~ .. i, •• • Pmaugua as this word should be s~elled, is thus defined~ in the Ency• . clopa:dia, (first 'American ' edition, ~ublished ~ by _Mr. Dobso~ ;) " a sort of_ , large·c_~oe mll!!e use o~ i;'1 the_Leew:i-rd Islands, South_Amenc-a and the.Gulf_ of Mexico. It is. composed of the trunks of two trees hollowe.d ·-and unitea together; and: t)i~s differs from th; :canoe which is formed of one· tree. !' · -!ii; this country, the distinction here mentioned;'betwee n a canoe and periaugua, :is not always observed-In ," a series of letters from' Timothy Flint, _P,)"incip;il • ; of the Seminary of Rapide, Lou.i;iana, to the R_ev. James· Flint,, of Salem, Mass. I find the periaugua,, de~cribed, ~ " a ves;el of from two to four tons burth~n~ hollowed, smnetimes f~om one prodigious tree, or from the .trunks.of. . two ti-e~s· united, and a plan'k rim 'fitfed' to"the· upper part.''. . • •• • :• •. . .. . . �417 breed, for the·oenefit_of such slavE;;_any hors~s,, mare~l ca~le, sheep or hogs, under pain of forfeiti~g.al~ the ' g<>ods, S..c. and all the boats, peria~gers or canoes, horses, mares, cattle; sheep, . or hogs. And it shall b_e lawful.for any person whatsoever, to s_eize and take. away from any slave, all such goods, &c. bQats; of any:justice of &c. &c. and to deliver the same into . the' hands ' the peace, nearest to the place, where·the seizure·shall be made, and sucli justice. sqall .take th~ oath of the person making ~ucb: seizure, concerning the manner there9f; a~d if the said justic~ . shall be satisfied that such seizure has been made· according to • law, he shall pronounce and declare the goods so seized, to be forfeited, and order the same to be sold at pu~lic outcry, one half of the.monies arising from such.sale, to go to,the, ~tate, . and thE; othel'. half to.him or them that sue fQr the sarri~ James' .l)_igest, ' • • •• _ • ~ .. • ·• 385-6.' ';/J~t of 1740. • The act of the legislature of Ge~rgia, is in nearly the same words. Prince's Digest, 453 .. And, lest perchance, th~ bene~()lence· of the master, should sometimes permit the slave to , hire himself, to another for •his own .benefit; Ge~rgia has,im~ . posed a penalty of thirty dollars "for every weekly offe~ce, • on the part of the.master, unles~ the Jabour be done on his own premises." Prince's Dig. 457. · So, in Kentucky, with a slight modification, 2 Litt. ~ Swi. Digest, !159-60. See ( Mississippi Rev. ,Code, 375, and L'aws of Tennessee, Oct. 23, ' 1813, chap. 135. And in Virginia, if the master shaU permit his ~lave to hire himself out, it is made lawful for any person an1 the duty of the Sheriff, &c. to apprehend such _slave, &c. and the master shall be fined not less than ten dollars, nor tr?-?re. than: twenty, &c. 1 Rev. Code, 374-5. Similar, 2 Missou1·iLaws~ 743", and_ • _• see Haywood's Manual, 534. . As early as the year 1779, North Carolina interposed as fol~ lows: ".llll horses, cattle, , hogs or sheep,. that one month after the passing of this act, sh~ll oelong to any slaiJe_or be .of any slave's•ma1·k, in this st<;1,te, shali be seized and .sold by the County Wa,rdens, and by_them appli~d,. ,the_one-half to the support of the poor of the county, .a'lfd _th~. other half 526. See Missisto the informer." Haywood's .Ma'f!,ual, ·. ' ., . . �8ippi: Re·v: Cof/e, 378, .a nd Kilty?s, Laws .of Matylaru(, apt . ,of 1723, 'Chap. 15, §6. • --~' • I~ Marylan_d, by ·act of. .flpr-il ,sessions, ... 178'l; • thap. 3·3; . ~' aµy person who shall permit and , aqthorize any. sfave,bela}:rg~ i_ri'g to him or herself, &c.: to go at large or hire himself ·or lier~ self;. witl}in this_,state, , shall .. incur ·the· penalty of '.five..,;pounds~. '(thirteen and one-third. dollars,) current money per month, ex; . cept·ten days at harvest. :This penalj;y .was increa·sed to twenty: · dollar,, excepµng however, an ::additional· ten days ill' hn-rvest, 'i!J.ct,'Df,Decembtrc s~lons,- 1s11; cltep: -104, §L-··,.By both aets,, a: slave b,ei~g a pilot, is not. included witliin the pr!>hi: ' • ·, ' · "-',· ' bition.. : .~ • or'l1is: f . co.hon . e~ltivate to ~- In Mississippi a slave is forbidden ow~ use, . and, ,should the master permit him to do .so, he incurs ' '' • a fine of fifty aoIIars. • Miss ..Rev. Code; 379. • • : . : And, ,'' Jf ~nrmas~t , &c. 'of t .slau~en se such _sla've :to,go at large and trade·as.a freeman, he shalt forfeit the .sum 0£. fifty -dollars. for ·. each and every offence. . ;Mississippi Rev. Code; . ':874,,,-and see 2 Missouri Laws, 743.- , Also, I(ilty' s .Law~ of ]ylaryland, aclof .flpril, 1787, ckop.: 33.' '.'An equabnnti' i~ imposed upcin a master,,convictecl of permitting his slav~ to keep ~' stqck of ang 'description.:" act of'Januar y 29, 18'25: ~ pamJ!h- lawsbf Mississippi of 1825. . , -fol- . the in text the with es coinci The civil, code of Louisiana .his to belongs possesses· lowing manner : "all that a slave peculium, his master-h e possesses nothing of his own, except that is to say, the su'm ,of. money or moveable estate, wkiclilds • master· chooses he should posses "'--oi:lrt: 115,.- ana ,see; -1 Martin's Digest, 61:6. ,.'' S~aves, are ·~capable of inheriting or transqiitting propertJ;" CiviNJode, 'arl. 94.5: ' ' Slaves can~o'~ _dispose of or 1:eceive by qonati<>n int~r vivo~ or mortis causa; mi.. les~ they, haye bee_n previousiy a1id •expressly enfranchised col}~' (ormably t(! law; or unless they,are.,expresslyenfrandhi~ed- hythe • . act,..by which the donation is made to them." ;tlrt. 1462. ··, "Tlre· earnings·of slaves 'and the pric~ of their seivi~, beioni t~ th~ir ()'Vn~rs~ who. h~ve th_eir action:to recoyer the amoi,mt from tho~~ . who have employed, them."- , Lo,ui.riana- Cor;Je. of Practice; . -•• .,, ' . i a,rt~'I 03, V ' �I • 49 . The decisions of the courts : confirm the doctrine* of these ilets of ass~mbly;-as in S9~th Carolina, where it was hel<I,"That 'slaves eannot take properly by descent or'purchase; 4·. Dess<?,ttssure's Ch(l,ncery R~ports, 266, !Jynum vs. Bostwick. -And, in North Carolina,-:-" Slaves cannot tak~ by sale, or clevis¢, or descent. And, a -µev_ise of land, t_o be rented out_ for the maintenan(;_e ef a §.[aye, wa$ aiijucfged.to be void; 1 Cameron's and NQ'l'Wood'ta- Reports,....,.35~ame decision, 1 Taylor's Reports, 209. 7 Also, in Maryiantl, a 'gift, bequest-, or_devise ~ade to 'a slave, by any one not hfs owner, wo1Jld be void. _ See lJulany's opinion, 1 Maryland· Reports, ,56L Though in this last s:tate, such ·a devise ,0f real or personal estate, made by the owner of. the slaye, ha,s been held to entitl!,!_ 1 • • 1 • There is an isolated case, of pretty early.date, (determined in the Supreme Court of S(IU,t/i Carolina. See l Bay's Repwts, 260-3. The Guardian if Sally, a negro vs. Beatty,) which is too interesting in several points of vie1" to be passe:d by unnoticed. It is in opposition to the spirit of the l~s, .a nd to other 'iater decisi~ns of the ~courts, on wh\ch ac.c ount. if.RO other r.eason could:be assigned. it w.ould be-0,ecessary to insert i~. - An outline· of the 1,acts of the· case, is thus given by the·_r~porter. ." This was .a special action-, in nature of rav~shment of wa;·~• to establish the fre edom of a negro gh-1, _according to the form prescribed by the.act of the_ legislature for that pur,pose: • T!fe~cas~ was this: a negro ,vef1ch slave, the pil'opeil'ty of the d~en, dan~ by working out in town,, with permission of -her master, 'had by' her in'J .dustry, acquired ~ considerable sum of mimey, over .and above what she had 'stipula~ed to pay for he~ monthly wages to her m'aster, and liaving qn affection ·.fo~ .a·. negro girl, Sally, she. ··purchased h~r lVith this money whicli she had been for years accumulating, ·and gave her her freedom. For a considerable-time after the purtliase was 'made, · tl1e defendant n~yer claime<;l ~ny property in the negro -girl,-never paid taxes for her, but on -the .contrary; .acknowledged he had no property in her., Some short time, bowev.e r, before the commencement of th.e present action, ·when called upon to d.eli:ver up the gii-1, as f~ee, he refused; in c'onse~ucnce' of which, this action ,v'as brought, The court charged the jury in favour of the plaintiff. Chief .J\1stice :{tutledge, s~ying, in •conclusion, ~• If the \Vench chose .to appropriate :the savings of her extra labour to th~ purchase of this girl, in order, afterwards to set_Mr free, would a jury of the country say No! ! He _trusted not. They were too hu, inane and upright, he hoped to do such manifest violence to so si_ng:ular and extraordinary an act of benevolence..'-The jury; without· retiring froi;n the box, returned a verdict for the ·plaintiff'~ ward, ,and ·sy was_ 'Set' aJ liberty." 4 Which Qf these was neighbour to the oppressed negro girl' ?- 7 ' �50 the owner; the slave to free d~ as the· impli ed intention of 190. Hall vs;.M ullin, t''-f, ~·ri a and Johnson's Reports, :E:L," IS THE SLAVE BEtNG . "A PEiso NAL C~ATT LUTEL Y, OR ·MORT GAG AT ALL TIMES , LIABL E · T.O BE SOLD ABSO -. \ ' . , . •. M'AST ER. ED OR LEASE D, -AT T1IE WILL .OF, HlS • ·-Prop . VI.- . - -r 's powe·r • After ~hat has·beeritsaid, with respect_to ·the maste e to qu~nc over his slave, it may,'seem to be of but little conse one· and the , the slave, wheth er he remain fox: life; subject to others.~ same master, or be tran~fefred successively to 'many rned, this As far as the maste r's treatm ent towards him is co'nce mu~t not it But ·, t. correc aJly ge11er as conclusion may b·e taken gh his althou and , being n huma a is be forgotten that the slave the yed destro ps perha or d~ blunte d_egraded condhion may have many of ble scepti he.su is yet,_ nicer sensibilities of our na.,ture, s to each of the fee_lings which . attach tho~e. of the' ~ame specie must be · he man, .!is s. other , and even to insensate object he, man, .!ls y.affinit alive to the ties of_ consanguinity and le • pos~ib ly scarce is it 'must know what friendsh_ip is. -.!ls man, man, as And . he sh\mld not feel an attachment even to place te largethe indulgence of these feelings, cannot tail to c-ontribu s, .withrment endea 'ly to his happiness. _ To be torn from such a pang, inflict out_the 1?,ope of a restoration, ,and yet live, must r's maste his agoni:z;ing bey<;md.description. The terror which • more . · tion presence· inspires, rend_ers ' thosl': of ' his _own 'condi in t , excep dear. Nevertheless, · in the slave-holding states tion of separa t violen the nt 1)reve .t9 Louisiana, no law extst:s .* . In most parents fr~m. the~r-children,' or even·from each other J ' f • • • of 29th March, 1188), • pne !)f the aboliti_on acts of Pennsylvania, (act o~ any negro or mulatto sor posse~ or owner any If "' on:. provisi this, ns ·contl!i of years, shall, _from and •slave or slaves, or servant or servants, fqr a term ; ~r cause to be,separat~d after the first day of June next, separate or remqve husband,' a ~hild •from her from wife a wife; his or removed, a husl>and_from or either of the' <lescrip ~!1Y of child, a from parent ·a ,· parent her or his with the design _arid intions aforesaid,. to a gre/lter distance 'than ten miles, of such husband or ~vife, ibode of plac~. or ion ha~itat the ng changi of ,,:, tention the age of four years,' or parent or chilg, uni s such child shall be above obtained and.testlfie'cl,;as bee'n liave shall &c. slave, such of t consen 11nless the a ~agistra-te; &c.) befoi:e rit ledgme ~cknow herein before described, (i. ·e, by or �51, other countries in which slavery_is tolerated; the siave is employed in the c~It,(vatiori of the soil, and ~innot, ·- by·sal~, . '?e detached from it. Such.is the case, :in the Spanish, in the Portuguese, and ·even in the trench , cdlonies: The Code -Nair, l!rt. 47, (I qu~te .from Stephen, not having the code before nie,) prohi_bits the selling of the husband without'_the wife, •the 'parents without the children, or vice, v~rsa; In voluntary sales, , madercontra:ry to this _regulation,, th~_.wife or husband, ch'ildren ' or parent, though exp~essly retained by th~ ~eller, pas~ by tlie same conveyance to· the purchaser, and may be claiJried by him , without any additional price~*- • See Stephen's' Slavery, &c. 69. If the humanity of the French has_ adopted this law, 'why should not the citizen~ of our republics imitattl' sci good an example? But it is .foreign ~o my: plan, to dwell· longer on this topic. I pass. to kindred proposition,-the source of, perhaps, greater eviL a Prop. ~II.- ,.'J'H_E ~~AVE ~.1s ··AT ALL .TIMES LIABLE TO BE SOLD, BY PROCESS OF LAW, FOR THE SATISFAC.T ioN' OF THE DEBTS OF A LIVING, OR THE DEBTS "AND _BEQT:JES.T S OF A DECE.ASED MAS- TER, AT THE SUIT OF CREDITORS OR LEGATEES. ·. In th~ British West Indies, ·~vhere "the· law is similar to that whifh Is ·expresse~ in this propositfon, well-informed writers seem to regard the sales of slaves by progess of1aw, as produ_c-. tive of more· cruel conseq1Jences than those ·which arise from voluntary alienation~ • ~r. 'Bryan _Edwards,. who, it \vill 'be , . . , .,,... . ' ~ such person or pe~sons shall ·severally forfeit and pay the sum of fifty pounds~ with costs of .suit, for every such qffence, to be rec.overed by action of debt, &c. &c. at the suit of ·any perso'n wh~ ~ili SU~ for the ·same, ··o~e. rri~iety, &<;. for the use of the plaintiff," •&c. There is but little humanity, however, in ~his provision.-'SlavE)S separated from each othe; by a distance of ten miles, might never see each other,:....Besides , the leparation.of children, · froin their parent, after four years of l!,g~, is umy?,i-rantable <:ruelty. . , • • "This law," says the .Compiler of the annals of the sovereign ,bouncil ·of Martinique, "h?,s always be.en rigidly executed; whenever claim has been • set up, :on tl1e part ?f the purchaser. I : have kIJ,own slaves who have beep. ; ent . to Gua~alo~pe, or St_. Domingo, to Se expatriated _and sold, to reclahn their chilpren remlp-ning -in qur colony, iith success, through th_e action of the purchas~rs in the ·colonies to w\lich:_they wete ·s ent." See . Stephen's Slavery, 69 70, _cijing, ,4nnateide la Marti;,,ilJ.ue, ~ome 1, p._ 28:5', . , • a ,i,ni • '<; ' ,·· - • -~ ,:- • - ..; -.;. • �52 recollected, wtis the champion- of ~lave:!J and of tlie slatflJ trade, in his 'History of the ' fVest _Indies, vol. 2; book 4, chap, 5, after speakin"g of cerblin regulations ·which had been proposed for the ·melioration of ~Javery, uses this language:.. " But these ancl all 0th.er regulati~ns which can be devised for the protec.: •ticin and improvement cif this unf(!rtunate. class of people, will be of little avail, unless, as a pr~liminary mea_sure, they ·s?afl be exempted from the cruel hardships .to which they are fre .. quently liable, of being sold by credit01'S, and made subject, in a course of administration by executors, to the payment of all debts, both ·of simple contract and spec~ality." This he stig~ grievance remorselds_'. a'n d' tyrannical in its matises as p1·inciples, and dreadful in its ejfects"-the, re\·i':al "in.a country that pretends to Ch;istianity of the odious severity ~f the Roman law, which declared sentient beings to be inter res.......'.. a practice ~njuriou~ to the national ch~racter, an'd disgraceful .to humanity. A good negro," ·continues- hi'); "with his wife and young family rising about,him, is se1zed on by the sheriff's offi! c.er; forcibly .separated from his wife and children, _dragged t o publi~ auctio~, purchasecl by a str~nger, and perh~ps ·sent t6 terminate his miserable' ~xistence in the mines of Mexico:;·- and all this wi~h~ut ·any crlnit! or deI17-erit_on his p;rt, . real or pre,tende.d, He,is punished because his m_aster is. unfortunate." • It would be in vain for me to ~ttempt to aqgment the horror • which every well-regulated mind ·~ust feel from this eloquent descripti~n o_f, th~ cr~elty of this law. , For hum;rnity's sake, I rejoice to say, that · the sph~re of its operation · is by, no means co-extensi-v_e with -the prev~.lence of slavery._ With ·the excep:.. tion of the British col-;i~ies in the _W est Indies; and I suppose at J?emarara, and 'perhaps in tl;le srriaJl islands belongin_g to the Dµtch; it obt~ins orily in the republic.an states of North .fl.me; rica!!* And here again I recur to Mr. Stephen, as ample.- a" ' ' , > ·~ •\ ~ , . , . ~, Fr_?m the_generality of thi~ r~mark, the state of Lo_uisiana must be except• • ed. It will be recollected, that, at the· beginning of this chapter, a law;was' . extracte<1, from the Civil Cpc\e of the stat_e, by which slaves are _declared to be reJl e;tat~-to lie ranked among 'immoveabk property. . When, therefore, !,l!e owner_of slave.s is, as I P,resume is most commonly thi; case, _possessi,d, of land, the slave ~a,nnot be separated from it by process.of law.. Besides this humane regulation, there are sever:tl others, which deserve to be signaliz°ed, vi~. " ·u; �,53 ~uthoritY:· , "Of the liability," say_~.he, "of·slaves to be s~ized and sold !!eparate from the land . they c;ultivate, by the master'.s ·eteditors, for. the payment of,his'd,ebt~__,.,..it may s~fely,.I;belie've_, ,be pronmmced, that;a precedent to such cru~l)nju~tii;e is,p~t t~ h,e, foun~ in aQy part .of the 9~d -'.world:'': "Plantation,.slave!!, not only, in the 'Spanish and Poituguese, but in the F.rench.colo" nies a.ls~, are·req,l estate, and att~c!ied to the soil they cultiv.:ate, par.taking .ther~with all t}:ie.r~strai~~_!B,µpp~ VQl~~tar,y:_'al~enati~n ~Q whieh th~ possessor of t]:i~ land is ilieie_.liab!e, and they .. »ot be i;,eized or sold by creditors.for satisfactjon o_f t4e debts of the .own~t-" . It _has already. been ;tated,. that by the Code Noir, ar,.t. ~7, the.husband 'can~ot he -~old witlwut the·wi~~' nor. the pare~ts: ~ithou! ~he_children: " ;Sal~s ·ma~~ , contrary-,to this tegulatiof!, by.process of law.under seiz,ur;e fo_r debts; :ire..de,• '. ,, ·, . ~lared·,void2', S,e..e $,teph,en's Slaveru,. 4'c. pS-9.' ; '. ~ince,. ~heI), from what, has l!e~n· said upoh_t~is_~nd upon the . last precedi~g proposition,, ·it appears no restraint (exi;ept a p~r~ 'tial on~ i~ the:. s~a!e of ,Loui~ian:i.) is imposed: ,upon' ~e sale l!,nd transfer; ~of. staves*--out tli~t,these JJ}ay take place, .not only at the will' of the m~.'ster, bi.i.t against hts \\,ill-,-by fr3'0.C(!S,S ol.:taw; l!t,c. StJffihient authority; is at-o~ce discl'~sed -for. the pro~ecution~ ; . . . 1 , . • . ean- at. ap~biic sal~-lslaves, ,ther~:~appen to J>e· so~e .who arf; di~abled througti old age o~ othetwise, ahd w)lo have children,•such slaves shalhiot be.sold but ,with such of hi~ or -h er children :whom he or ~he may think -p1·oper to-go with.'' 1·.Mar!in'.~ l}ig'~t, act'ofJ~ly 7, 1806. • , ; . :- •.. _/ • , • .. r • ~,,'.Every. person is expressly prohi~ited from selling ,separately fr9m their ~otliers, the childrerl who·shall hot have attain~d' the fuil age a'f ten ye~;" : 1,bid: ~hese prQvisi<_ms hav~ prob;bly been suggested by, a ,knowledge of tliii much more.liunian(ones:which -are comprised' in the Cotle Nuir of Louis XJV.. ;e,xt;racts ,froiµ which are given: in the text of toe former propo_sition. I call the • , Co~e '.l{~ir ~~h.~e nurna,ne,, fo.r th9l)-g~ ,i:he s~aves disab_led , by <?!d ag:e, &c. •accordi_ng· to the I;ouisiima ·raw; are not to be_ sold apart from . their ·children without their coh~eiit,"yet the rriastef ii.lay' retain .them and seii their childreii, - ·' • .. and:tqus·the like painfuI: s€paratlon<b•e 'eff~~ted. • , " This, as· inost qf the .:rem;µ.-J/:~. in this ~01·k, applies exclusively to those -~tates in which laws for thl ab'olition pf slaver,y h_ave· not been enacted. ' For, .in these latter state~, ;t least, .wnenever. the.abolitiomif slavei:y' has be~n; by a ·law, gradual in its 'operati~ri; it .has been found n~cessary to·prev.e nt slaves fronr,being ~c,~ed 'out of th~ir r_espective -lirtiits.' A~9 iw Delaware; thouth a .slave-holding: st:it'e,-sl:!:ves: cari;not' be·.. exporled from the state without ·the licc_:nse·of two justices' of th~ court 0~ qll.lil.'ter 's1:ssio11s: ;fJ.ct'IJ/June 14', 'i79S:, 6i2, ,;h. 2(:)i . ' • •• '. -· ' •• .• • . �54 to any extent, of the inter-territorial slave trade which exists· among tis. • Many of the slave-holding states, however, ,yhile they permJt: their citiz.ens to sell their slaves to whom_they please, _and ·to carry tl)em where they please, yet; for reasQ_ns of policy,' have found it expedient to enact laws to prohibit, in a . .gr.eat'measure; the·further introdu_ction of them into their respective limits. Laws with this aspect, have been· enacted i_1;1 th~ states of Delawl!_re; ·Maryland: North and South Carolina; Tennessee, Kentucky; Georgia, ap.d Louisiana. • The act of assemblx of' North -C'.aroJina, which~ being one-of the earliest,~ 'has probably served as a P:ecedent i,n the other st_ates, deserves parti~ular commemoration, and I therefore_transcribe those sections which are iniport~nt to the present inquiry: " .From and after the first day _o f May next, no slave or'°indented ~ervap.t _o( colour, shall be imported or brought into thi~ state by land or. water; n.or shall . any slave.or indented servant of colour,: who· may .be imported 0r bro~ght contrary to the 'inte~t and· meani~g of this_act, be bought, "s·oid or hired by any person wh.at;.~ • ' ever. • "Section 2. Every person _impprting or _bringing sla;es 01:.. indented serv~nt.s of colour into this:state, after the said first day of May next, .by Ja~d or water, contrary. to the provisions o( _• this act, shall forfeit and pay the sum of one hundred pounds for each :md every s1ave or , indented_ serv:int of c~lour. so imported or brought: •. -.And every person who. shall , knowingly • sell, buy or hire sueh:slave or indented servant of colour, shall, ·i~ lik_e manner, forfeit and .pay the sum cif ~ne hundred pou~ds for each and every slave, &!!, ; one moiety of which forfeitur~ shall be to the, use pf the state; and the 'other moi~ty to him or . ; . • • • • _ . . • '· , them who s~all sue for the sam~, &c. " Section $. It shall be the.· duty of all justices of .the ·peace, sherj.fi;s, coro11ers, constables or otlier judicial and .mi~isterial ~fficers of-this state, to·use all reasonable and lawful mean·s· to carry- this act'into effect; w:hic~ iqhey or any 9f the~ :neglect ·. 0 1 ~ ,/ '- •-'• - • ~ The law of Delaware beru.·s date a few years anterior to that of North Caro• lina, but the provisions of the act of the latter state have been adopted;- with . ~ ·, • _, . • '. . . - _ .' but little variation; in' the other· states, • •. �55 to ~o, it shall be· deemed a niisdem·eanor in office. _: And: arty; officer who shall fajl; neglei;t or _refuse upon application,: to· perform t}ie duties aforesaid, sh.all be held and de.emed liable to the foreitures •inflicted on those who may import or bring a slave or indented servant.o f colour into this state in the first insta:nce,. • and shall be proceeded against in the.like manner arid to the-like . . effect." s exception following tQe n To the generality of this prohibitio .,. • are added: "'$ection 4. ;Nothing in this act shall be~coris!ru~d to prevent any person or persons, bei_ng citizens of -the United States, ·or· subjects or citizens of foreign countries, who intend to ·reside an_d settle within the · limits pf this state, from bringing with him, ~er or them, ' such slaves or servants of colour as they may think proper; ~r to prevent _such persons fr~m travelling with their slaves, &c. through this state, in order to settle in another state; or to prohibit any citizen of.Jhis state, who mii.y.obtain sla;-,es, &c: by marriage, g1ft, legacy, devif!B•or desi;ent; oLwho hath ~eretofore entered into bona fide contracts, .fr.om bringing- the slaves or servants of colour so obtainep. or contracted for, into this -state, by land or water:" And in order to guard ~gainst an abuse · of the p~ivilege~ conferred .by tliese ••e;xceptions, it is made the duty of the persons ,coming within them io make o_ath, that the slaves introduced are not intended for traffic, nor in evasion of the act of assembJy above cited.- Haywooa;; .1.Wanual, ~33-4, act of --1794, cl}ap.- 2. And see _2 Brevard '_s, Digest, 256 'to 261 inclie: sive; (acts ·of 1800, 1802 o/ 1803,); Laws of Maryland: act of 1796, chap. _&1; Laws.o/ D~laware 1 act ~} -11~'7, chap. 145, • § 7, mid act of 1789, cli. 193; 2 Litt, _f Sw~. 1162,ac tofl815; •· Pri7!ce's. Digest, ·373.4, * act o/ 181-7; Louisiq_n a, act of 1826, ' • • •• ~ (seepamP,hlet laws: j . virin tates~ s _ abqve the into i~siple slaves.adm of The n~~ber the into slaves with. rem_oving pers~ms to. tue of the proviso, as ~et, f gi_ by them. derive may who state, and in _favour or' those . , 0 . _, , • The .11.frican slav~_trade was prohibited in t.'~ergia_~~ 17!)8, _by an.article of her constitution~ art. 4, § 11. _But it was not until 18~~. that the,act ?f_the legislature was procured for the prohibition of the inter~terr{torial traffic. �56 scent, niarriage .or·devise, it is probable wo~ld rtot greatly: aug~ ment this species.of population. It must; -liowever, he evident~ thaLw~ile',ev~ry coloured p~rson is.pre·sumed to·Jie a sla_ve, an4 while a· tr~ns(er of such is permitted without restraint among , , citizens o'f the: same state, no matter how re~ote in distance • may be-th~· plac~s of their r~spective residences, that it cannot be very difficul4 especially with the pretext which is supplied by the provis_o, to intr.oduce Within. the extensive lir~its or-'most of the .a~ove St!),tes, as many slaves as any one; lured by a·high price, ,may choos~~ •At, the pres~nt time,~ l pr_esume therlis. but·little temptl!tion ,to, prosecute this. tr~.(fic, in tlie s,tates wher.e the probibitory law has. been ;idopt~·;r; for a mart i~ ope1Un th~ new·states of Alabaina, Missis!;\ippi· and Missouri, .a.n d iq the territories of East ancl West Florida,' Arkansas and Missom:i,• 'Y.hich is not likely tg ·be :glutted for 'm.any years to come. A~d. even 'VirgirJ,ia, * after: having, in ,'the 'y{lar ~ 7_7$; enac\ed al\ • ~;;- . .~ • • :. If ~ ; • ... .... ~ .• • .. •. "' Between Jhe. ye:irs 1699 and 17c'2, t4e legisfat~re or' Virginia passed nu• . . merous acts to'dis~ourage fb.e importation of sla:ves. ,' Th~- means re;~rt; d to for this purpose, w'as the imposition of ·a. considerabkduty on i~pqrted slaves. See 2 Tut;k(fl"s Bliii'kstane, .IJ.ppendix; 4~,.so, : Tlie royai'negative· ~asex• ercised in.relation to several 'of'tliese·acts;and:it _is 'aburi.dantly demons~t~d by·Judge Tucker, 'ihat a·<Jirect etro'rt by the rolnny \vouitl"have be~n entirely,. unavailing. . f he· fate of ah ac;t of this description, which was att~mpted by the . .assembiy° of Pennsylvania, in the y_ear 1712,' m,ight b~ cited·.as~_adclition~fproof . of this disposition on the p(lrt ?f the crown. . At the_;period 'qf our r~volution; strong ~vi.c?on of the , impolicy and i:hhuma.'nity of the traffic. in slavis; seems·to liave existed·in Virginia.- ·And in the.year 1778, as ·is , stated-in' the text, an entire inhibiti6n of the impo_rtati~n of siaves within•her: !iorders;'eii:cep't{lUCh 1)8 might be br?ught by.emigr~s1;6:the state, or _might be <lerivEcd b,r h~r citizen~ from' descent, marriage \Jr devise, took pla~e. . TJ;iis humane ~cti after havmgundergone, by subsequent legislaturf s, several revis.ions and slight mutations, without materially affecting 'its principles, w·as, in the ye1lr 1819, ,a l~t ·wholly annulled-whol(y it could n<;>t be, from the pl\~ainount forci of t he co~titution arid.laws ,o f the Ucite<;l.}3.t'ate;. • How humiliating the ½onti'ast wliich is e_xhibited by the provis\ons of t~is_af t ?f 1819,. a~d the followi~l qu_?• tation from the preamble to· ilie ·constitution of this ·state; promulgated-on the 29th Juri"e, 1776: "Whereas George the tllird; king, &i:;. heretofore entrusted with the exercise of the · kingly office in this government, hath ende~voured to pervert the same into ~ detestable and insupportable tyranny,,by)>r9mpting our negroe~ to rise in ~ among us, tlwse very_negro'es, wltqm, .BY AN INHUXA~ .a -'USE ·DF HIS NEGATIVE, HE BATH REFUSED US PER~ISSION TO EXC ~UDE BY ,. 'LAY":°' - �57 inhibition of tn~ importatio~4of slaves, with a few exceptions, within 'her borders, has recently resu~ed her anciei:it policy,_ and now proclaims her willingness to receive all tho~, not convicted of crimes, who have been " born within the United States, or any territory thereof, or within the District of Cqlum• bia." 1 Rev. Code, 42_1 -2, act of 1819: • :. I will conclude my observations on th~ subject of this ana tbe l'iext preceding section, by holding up for. the imitation of those whom it may concern, the conduct of ' the aborigines ·or-our country~ whom, in courtesy to those for whom this is written, I shall style -savages. Speaking of the Seminole' Indians, the author of a small work, published 'at Charleston , South Carolina, in the ye_ar 1822, entitled _"·Notices of Ea_st Florida-, with an .account of the Seminole nation of Indians, hy a recent -traieller in ihe Province, " says: "Another trait in their charac- ter, is their great indulgence to their slaves. Though _hunger and want be stronger than·_ even the sacra fames auri, the g~eat- . est pressure oflhese evils never occasi_ons them t~ impose ~nerous labours'-orrthe ;;:egroes, or to dispose ~f them, though tempted by., high offers, if the latter are unwitting to be sold.'' ..... . _, . . Prop. VIII. ' AsLAVE CAN:&OT BE A PARTY BEFO.RE ·A JUDICIAL .TRIBUNAL IN ANY"SPJcCTES OF .ACT-ION, AGAI_NST HIS MASTER, . ,• ~.' ./ •• • • • - ' NO . MATTER HOW, ATROCIOUS MAY HAVE ,BEEN, THE INJURY . WHICH HE_HAS RECEIVED FROM HIM. In a former part of this chapter, the several laws which profess to give redress to the slave for cruelty· inflicted· upon · him . . by his master, were brought together, their principles discussed, arid-their ineffi~acy exposed.- By none of these, it will be:perceived, howev·e r, could the s1ave appear in.any capacity ag~inst his master, ~nd therefore, though they inay_se~~ to have some connexion with this proposition, I do not _c;leem_it fi~ or nece~: sary to make ariy comment up6n them in thi~ pla·c~: -J'he ·l;iw is unquestionably, as stated above, without any. exception· or . limitation. • • ~ . ( Prop. IX. SLAVES CANNOT REDEEllt ·THEMSELVES;· ljOR ·oBCRANGE'' OF MA_STERS, . Tifo;~H _CRUEL TREiTMENT M~Y TAIN A 8 �58 . . . . . R .J>ERSON'c FOR THEI SSMlY NEGE GE ORAN . SUCH D ,HAVE , REN~DERE , , AL SAFE TY. ' ~ , 1·edempiion This pr.oposition holds' good, as to the i·ight of tme is . i.t, as, re~ in all the slave-holdi;1g •states~-=:,-and ''equally · ,;rs; except ·in :i,pects the right to compel a change ·4 mast contains a regu Loui siana . The new civil code of th~t state, times, perhaps, some m~y _ · lege privi lation )y which .th~ _latter which i'ts upo~ io.I;ts condit the be obtained b_y_the slave. Yet strong needs it that such; are extension to tµe slave: depends, d into ·calle been e;er has law proof to in_duce the belief that the r maste ~he that rst~ --=Fi acti~n. For \t_.requ.u:es as-pr.eliminaries can it that , dable be convfcted of cruel ty,-:- a task so formi ndly, it is athardl y be ranked among possibiliti~s.; and; i:;eco • to make not, or teniv~rds, optio nal with the judge , whet her e of the articl the ct , th:e decree in, favour of the slav e.-I extra elled comp e b_ c~de, which is in th"E,se word s; "No master 'shall when first, the to sell his slave, 'but in ~ne 'of two cases; to wit: tor demands oprie co-pr his , siave the of rietor being only' c'o-prop 1;operty_;._second, the sale,-in order to niak~ ·partition of the'.:.p treat ment of,h is when the mast~r. shall be coNVICTEn,of c1•u·e~ to pron.ounde, slqve, AN~' THE. J_U DGE SHAL I; 'oiEM IT ·pn9P ER the ·slave ·tha,t , cases suck for lished besides· fht J)._.enal(y_e.s./a.b u t of'tk e o. ·Mm plac.e ..;to_ orde.T n· o:n~,i shalt be_jo{d,at publ ic aucti 192. • .rtri. ed." abus has er mast reach ~f (he p01per whic h his seen, e befor have we as .i, The· c.onstitufron . of Mississipp the cif it benef th~ 'foi: law a· ~mpowers the legislature to ·enact by ty cruel of ct: subje slave in this partic~lar, *· yet, though the tion, .atten their of on lhe ip;ste r to:his slave· has cla:i~1~d a porti -disregar~ed. the ini~a ne . d~sign ·of· t~ef con~t_itupon has b~~~the slave-holdThis neglect, _not only in Mississippi, but in all as ill'·th e codes of'. . ing states, is 'the more remarkable, inasmuch, nature exists for sever al.of these s~m!! st~tes, ·a ,pr~yision of this See'p arlic uthe eases of inder,ded s.e rvan ts atui apprehtices. one who every , ation r~gul a la1'l'!f, Prfn2e'~ Dige st, 45~. :'Such dedn consi mµsl: ct, 1;1bje s ' the will ·ta~e the trouble to reflect o~ it ,must ery mock a at -Wh . dispensahle for the slave's protection .. ,l . ' • • 0 I ~ • ' ~ • - . , .... See, supra, page 42. .,J- - �he to p~ss:_laws professrdly to punish.the master's ·cr.ueJty to hi; slave,_ iif. the slave is still to be left in the power of the same, IJlaster, exasperat~d, by.th~ punishqien(ai:i«I di~gra¢e ~hich must ensue from' conyiction.-" Would_you," said Mr.' Randolpli, in his speech, delivered·* _in the qquse ~f. representatives, on the . i}Dpr_isonment of th~ Spanish officer~ in Flo_rida, . "woul!l'. yo~ send .a slave who had; be~n abused by his overseer to that very ov~rse'er. fo..r _pretecJion. ,,. '. . ' '' Prop: X. SLAVES BEING.9BJECTS OF l'ROPE'RTY, ·IF_lN~U:R;ED BY THIRD-PERSONS, THEIR ?WN:ERS. MAY •• BRING SUI.T AN·D· .RE-· COVE],{ DA'MAGE_S FOR THE INJUJ;tY·. . , , , . This is a m.ax~m of the c~mmoii. law,. with respect Jo proper(y ~11 genera,l,~and it _m:iy, therefore, . be, !l,SSUme<!, to ·be the law. of all-the sfave-holqiogstates, in regard 'to'slaves also. 'r Take'n ,s tlictly, ~it does nQt operate ' as a shield to the slave aga~nst cor.:. poral .aggression, unless the violenc_e use~ is · so gr.eat as to de-. le.riorale ,th£ pizoperty of th~ µias'ter. . .t\,n~ •so, a decisi~n of th_e,.supreme court of Maryland,, has es~blished the . law fo ·be~ in. that state. . "There must be, ·a 'loss of service, or at Ie~t; a. diminutiqn of .the faculty o~ the slave for bodily l,abour,'· to 11].e m_~ster.·. • Iim:ri~ an_¢ Johns_o,n'_s R ':7, warr~nt,~i), ac_tion; ports, 4. flornfu(e Vf . .I)ale.. . · • ,. / •• . A 'case; the• r?pof.t of whic~ may_~e found 'in 2 Bay~ I_!'e;. •,ports, 70 1 ,.by the 'l\ame , of S,ims White .vs; Jame~f(ambe'l!s, • w.aicd,ecict~d. by _tJie.coristitufipnal.court of ·apprin South 1olina, _i!l•-the . yeai, 17.9,6~,:by which the m ..e~ was ~~ableli to sustain• his suit ·against;i third ;P,erson •. . a Qo_rp~ral ,injury to his slay"',.. :i.Ithough. a loss of servh: a~ not _alleg_ed in the·de- • clar-ation;- The following .iS:t ' a,tement ~refi?{ed to the case, .. by _t~e. re.po~.~ ez;;-'' S,pecial : tion}n _the ·:~se· for ,be;iifng. ~h~ plaintiff's n,egro man. , c~~e out iri,,eviden:ce on ' the trial,. ,t hafthe -negro, in ~ - on., had.the cari: of his m~ster'ls' fish~g ean6¢J' en Sµl ~ tH lsfaIJ,d, wlien tlie ·aefon~ant' w«tnt. d~wri ti,:>. ~:r 1 ?a- the-" h di~g· ~ ·.:l~~e; .w~e'r~}_t•w .. as~ and s~id •he ~ oul~ :a.lie ft ~?d: go•.eut-; mg lll"\t: . T,lie neg~o,told, him h~ cou!d1:no~ Jiave·1t, 7 .. ~ ., - J ;.j • ~,. "II. ;;_ ' • - ' ~ Eeb,.,••~ :27ti,, .182_2;' . • - ,1 ~ , ..... · r~ • •. • _· , - r. ~• �60 as his_master h_ad~giyen ·him. orders to let no one~.take it away--; ,as he was in the constant h~bit of using, it himself,- and he ex. ant,. defend he T <' • it. in out go to_ minute pected him:down eyery however, _persisted in taking it_away, a?1,d the ·negro in obey.,ing his maste r's orders "in refusing to let him have . it: up<>Jl which some high words _- passe4 between them on both sides; whereupon the defendant struck him.a blow with hi~ fist, anJ/, d then took up a paddle , which was in the 1:a_noe,. and knocke which ly, severe very him down, , and afte1-wards pea{ him ·laid him up for several'days, 7Jefore he was·able to go about his maste r's business again .". Havin g. given .the reader thi~ statement of the facts, in the case, it is fit that I _should gratify his curiosity by a' faithful record of the" verdict. He will, _then, be_en~bi;d to form some estimate of the degree of protection;· which is deriv,ed : by the slave _from his owner 's right of action against third persons for ·brutal violence to the:sfave. 1'he jury ' . ."found ~ verdict, for five pounds sterling, and cos~ of suit!!: A t. verdic _ rthis with ched reproa be , 1,et not the jury only· whole community ;ire implicated with them; A section of the negro act'of 1740, ' wh~ch Was in force. when .this d!)dsion was t given, and is; indeed, the law of South. Carolina .at the presen the s -sustain fully which es, hour, has fixed a measure of damag c duct o( the jury, '·'If any ~egro · or other slave; who shall ss \ or . service of his master oyed in the. lawful busine - , be e . or 'person any by owner, o rseer, &c. s}:iall be beaten, &c. ·so for ity author persons; not · ving suffi~ient cause o~ lawful doing, and shaU maime d or disabled by such beatin g,, from per!ormi"ng his or·h¢ Qrk, such person and persons so·ojfe nd• ing, shall forfeit :ind pa-) , t-o the :owner ·· or -o_wners of such '.sla~e, the sum of fifteen sft~~g s c~'rrent mariey, pir· diem, for every day of his. lost time, an~ also the charge of _the cure . of such slave:" 2 Brevar 'd's Diges '. 31-2. _,. , ' • • . I do not fi~d _a~y pro~ision on this SUD t amo'ng the laws-o f the other slave-holding states, except in Lo • iana, )Vhere an . ~ct of assembly, in m9~t ·r~spects analagou~ ·to • at whicli •f pa~sed • b bas a, Caro!in South o( have cited from the code , , with a special penalty a<)apted for ;tne_ benefit of the mas~r ~h~1l• ated aggrav most a of where .the injury to the slave ~s ~ �61 ter.' For " if the slave," ( maimed, ~q.) he forever rendered' u1~ahle to·worli, th~ •offen4er shall be compelled to pay . the . value of ·said slave, acc"Ording to the appraisement ma4e by two freeholders, appoiqted ~by · each .of the parties; and the slave •thus disabled, shall be foreve~ maintained at the expense of th~ · . person who ·shall_have thus disabled hi m, "1-Yhich person·shall be compelled to maintain and feed* him agreeably to' the dutie~9f . masters towards their slav:~s, :as ordered by this act.·" I Martin's' Dig~st, -6 30-2. - • • • From the abstract of the cases decided in Maryland and irr So_uth c;rolina, _and especial~y-from the la~s which· I.have here qu'?ted, it will be perceived that the protection -of slaves, fro_m'. the-vioient ana"._wanton·assaults of those, not th~ir masters, &re: is scarcely: tcrbe looked for., as . a consequence of the master's •right to be compefl:sated fqi. the detedoration ·of"his pro~erty -in the .slave. The :purp.ose of these laws, is not, i~ trulh, .the protection of the slaye~ but_the vindication o_f the master'~ rig~ts ,of property. t .. ,And •yet in ~lave-holdirg countri~s, this right of action in the mast.er, is, not unfrequenti.y, -proclaimed . to he , a-sufficient protection fo. th.e slave: it would -~e morijus_!; to say, that it-is _the only one which is a_ccorded to 'him. •• 1. - ...- . - ~ , Prop. ;x:1. SLA,:~ts · c.AN MAKE, _No CONTRACT; • -of V. Pi:oposition mfder Besi,des.such of the Jaws ref~rred to_ this chapter ~s ,r~late to thts proposition, it ni;iy be ;i:dded, that a siave capnot even.contract matrimony- the lJ,SSOciatio_h.which takes place a~ong slayes, and is ca~l~d ~arria'ge, being.properly designated by the word· contubernium~a relation which has no .sanctity, _aRd to which no ciyil rig~ts~~re attache~.- "A slaye has<never Jl!a_intaineg. an action againsf the violator.oq1 is. bed. ,A. slave is not admol).ished_ for •incontinence, or p~nished :for fornicati~n- or adulteri; never prosecuted f~r bigamy, or .pet~y treasb~ fo~- killing;a_hµ_sbarid· being a slave, aQy more than ad- •• • • s_e; as to foocl··and clothin~, -,supra, p_ages28-9 . . :- __ t By ari extreme refi~eni.ent o~·this principle, it has been held, in North Carolina;· that ·••patrols are not liable to the ·mastel', for inflictirig pu~shm.ent on his slave, unles8 their •cm~t : clearly demort§.trat4s ,M4L~CE AIUJNST TB!; ,_ ;f,UJl'tiR., -:1..Ha;wk's j.leports-, .418. '.lhte vs./)'Neal. �62 mitted to. an appeal for murder. " Opin,w nof Da_niel Dy,_lany, ,&.sq. dttorney,. Gene~al of Mary.la nd, I .Marg land Reports,, ' 561-, 563. Prop. xn-.: SLA:V.:.ERY ,IS· _HE.REDITA:RY iND·r PERP:ETU.A.L: r •• This is not_nier_ely a coroHary from.: the clause, of -the act of a~embl y which-was extracted ne~r.th_e.. beginning_of .this c~ap-;; t-er, but is the effect of an,expr.ess _declara!icin-fouhil i,n t~e same. act of assembly, which, having been already transcribed, nee_d • p.ot b.e.-lael!e ioserted;. of ;ny _of. its n~tum l rights '. deprived liu~ sho-gld child a T~at • in consequen~~ of its parents~. misfortunes,)s- surely .not the deduction of reason foom any known _principle appli<;able to the social condition of man. ', Yet the heredita ry nature of slavery has pr?babJy been an in.cident of the institution, in_.evei;y .age and ;i.mong every people,. whei:e th_e institution has--peen ~ole, . rated.* It was so witp ·the Hebrews, both before and ~fter the Mosaic dispen~ ation-it was so with them du~ing their bondage to the Egyptians,_:_the · Helots of Sparta, _and the Roman _slaye, . ·., .. • ~uffered t!;ie like il}justice. . ir,-. its of p~oduct B\lt the-perpet_uitJL9f Iavery, -the. natm:al J,,eritable_quality;-1:eceived a .checlf. by the Mo,saic., polity. The Israelites_having been mfra,culously fr1:ed from the yoke of th~ Egyptiat?s, it was ordaine_d' in unequivoc!ll t~rms, that a Hebre~ should.not ·:retain ~is l?rotlier ~he,~ 9e ,m,igh(,bur,-as a servant more than six !J.ea1·s, against hi:s consent, but that in the seventh year pe should go out' (ree; for riothing. If he came by himself ,he:should go out by himself; .,if he were married (when he cilme), his wife should go out with him. Exod11,S, ch:- 21,.v, 2,~s.·. Deut, • .,· . • ch. 15, v. 12. Jeremia h, ch. 34,' p. l~.•. ., • In Massachus_etts, "several negroes h= in this country eiiinported slaves; demanded their freedom of their.,.masters• by. suits at law, ,and- obtained it by. judgments of the courts." See Win~enden V~- 'natji.el,d; Uc. 41.Ma.ssacliusetts 1Je-:., ports, 128. ·But these cases can hardly. be rimked as excep~i1ms to the general allegation in the text._ Tliey ippe!U' to have been-the- effect of• colJusion bet?· Cliief•Juslii:e·Parso~s, ttveen the masters and the sla~e·s, Foi, was·,the tempei,. of. th'e for·such nralle, wrurfaintly master the of "the defence times: that' a restless discontented sl~ve·was ·t:wrtfi littk, and--wken.. his'Jr~ wa.s obtained in·a course-of legal·pror,eedingii, tlre·m(JlJter: W<CS· not holaen /or. hi~ future su11port, if he became.poor," acc~rding �Besiaes this important regulation,: Hebrew sla:vaes were; lrith!.out exception; rest9r.ed to freedom by th~ jub'ilee. I am aware that the authority of respectable names inn be avouched for the opinion, that the benefit of the jubilee, as to _tbis particu~, was _enjoyed by a1l .c_iasses of bo~dmen, according to the literal)~port of the_command: ," Ye shall hallow the fiftieth year, and proclaim liberty throughout all the land, and UNTO ALL TriE With ari iNHABITANTs ·THEREOF." Leviticus, ck. .2,§, v. rn. anxious desire to sustatn tfiis opinion, if tenable, it appears to me, that ·no~ only was such a privilege not required-by the general ·purpose for which the juojlee was app_ointe~, but the positive language of the '44, 45 and 46th ve!ses of the :same cliapter, forbids such an in(erence. It seems, however, liighly probable, that-the term perpetual, in its proper and absoiute sen~e, was not' applicable to the sl~very by the ·israelites everi of tlte heathen nations. For the .command was .given to Abraham; and -was -not abrogated by Moses, that "he ,that is born in thy' house, and he that is bought •with'thy mor,,ey, must be circumcised." Geneais, ch. r1; v. 13. Jewish commentators agree, that this command was strictly con:! strued and carried faithfully into practice. -Thus, it is said by Maimonides, - "Whether a: servant be born in the power of an Israelite; o;~wh-ether nc be·.purchased from the heathen, the·mas'ter is·· to bring them "both into the covenant. . But he 'tha_t is .born in the house is to be entere_d upon the eighth day, and he th_at. is bought with ni.o'ney on-t:tie day,. on which the master 're~ ceives him; _uri~ess tne sla'.ve be unwilling. ,. Fol', if· ~he master receives a grown slave, and he· be_unwilling, his master is to ·bear with him, to seek to W;in him ov~r by instruction, and · py love and kindness, for one '!/_ear; after whi°ch, should, he refuse • so lphg, it_is forbidd~n _to keep Jiir _long:Cr than the twelve: . month, _and the master must send -him back to the str::mgers from whence. he came, -for the GOD of,Jacob will' not accept any other th~n the_~orship of ·~ willing heart'." Maimon. , Hilco,t1 Milo.th, chap. 1, sect. s. See Gill's Exposition ofthe Old and N~ Testament;, o/C- ' And, ~ccording to Genesis, .chap. 17, ver. lo,, compared with . Romans, chap: 4, ver. 11, ~Y-the rite of circu~cision, the re- �etpient was consecrated .to the service of the true GOD. Set 9.Hot-ne's Introd. to qrit. Study of the Holy Scriptures , 413, . And on such ,a one were, in consequence; conferred nearly all the r}ghts of a son of Abraham. , "Although ," says the respectable author last quoted, ." the constitution of the Jewish polity, -and .the ,laws of Moses, allowed no other nations._to.participate in· their sacred rites, yet they did not exclude from ·them such persons as were.willing to qualify.themselves for conforming to them . . Hence, they admitted proselytes, wl?o renounced the ~ors~ip of 1dols and joined in the religious services.of the Jews, although_they were not held in the same estimation as.Jews by. • b_irth, descent and language.'! Ibid-. 255: Notwithstanding the bearing of these authorities; I would n·ot be thought to speak of 'tlie conclusion . which they tend to establish, with a confidence approximating to positiveness. The dealings of the Almighty with the heathen na.tiom,, .through the instrumentality of his chosen ·people the lsraelites, is a SJlbject not to lie dis.co1nsed upon. with the · free~lom of ·ordin~ry criti~ cism . . And on t_his point especially -what effect had proselytism on t he condition of heathen slaves held by Hebrews, there is an obscurij ywhich ·leav~~ th_e min,!l u1:_1sat.isfied. • B-g( whe~er or riot the proselyte heathen slave· became entitled to freedom at the jul>_ifee, is of no importance to :us, so far as we-ar_e concerned in. respect to .our duties to the ensla~ed . .11.s to its, there exists no people who .can .be called !i,eathen, irl the -sense in '\'Vhich that appellation was used by the Israelites. The master and the slave are of the same class-are both Gentiles: _The only legitim_ate inference, therefo,.r~, which' ii:i a com- ' parison with the Mosaic regulations . analogy furnishes, ~s, that . our c_on-duct ·to slaves shou1d qe.th·e .sam~~-as· was the conduct of • the Israeiites to Hehre'l!'.. slaves. �. .... 65 CH~PT ER III. . . ' OF THE CONDITIO N OF THE .SLAVE CONSIDER ED AS A l\IEMBER OF ,. .CIVIL SOCIETY. · .. . ,• • , . ' • . - • • 1, \ • To speak of a slave as a member of civil society may, by some, 1 -b~ regarded a soleci~m. Such a condition, however, is recog~. ) ., nized by tJ.le laws of the slave-holding states. To what extent, • and for what purpose, it is recognised, will. be sufficiently manifested, in the course of thio! chapter; which, for·the sake of p~r-, spicuity, will be arranged and .examined under the foll9wing '.titles! . ~ {. !· ~-slave c_an~~t be a-witness against a .white person, either· ln a civil ~r.crimmal cause. • I He cannot be a party tO' a civil suit. •. S •~~ cnefits- oLeducatitm are withheld from the slave . . IV. The means ·for moral and religious instruction ;re not , granted 'to the slave; on the -contrary, the efforts·of tlie·hi:imane· -and e~aritable' to -supply these wants are discountenanced by' ¼,w. V. Submission ·is required ·of the ;lave, not to the will ~f his . m_a~ter only, b~t to tµat of all other whit,e persons. • , ., VI. The penal. codes of the slave-hofding states b~~ much • ~or~ severely upon slaves_tban upon white persons. •. VII. Slaves are prosecuted and tried upon criminal accusa- _ fioi:is ~n a manner inconsistelilt with the rights of humanity. _ £ I. A SLAVE CANNOT BE A WITNESS AGAINST SON, EITHER IN A c '1 v_IL OR _CRIMINAL CAUSE. A WHITE PER- • I have had occasion, very frequently, to advert to this sub•ject, as the cause'. of ·the greatest evils of slavery, ' Acts of assembly ~pparently intended to . give protection to th~ slave from his master's erueity, hav~ been adduced, and yet shown to be altogether nugatory, in ·conseql}ence 'of the rule .of law which forms the title of this secticm. ln truth, in our siave9 �66 confined to the .evidence of· holding state~, this exclusion is. not r descendants, wha teve r slaves, 'but natives of Africa, and thei plexion, and whe ther l;iond orfr ee, may be the . e of'their comdisa . shad bility._ In a few .of the slaveare und er'th e like degrading auth ority from ~us ;om -in hold ing st~tes, the rule derives its ed ,it by express enactm~nt. . others, the legislatures have sanction mbly in these words: '.' Any; .In Virginia, ther e is ari act of asse l be a good witness in pleas ,,negro or mulatto,- bond i;ir 'free, shal negroes or mulattoes, b~nil of the commonwealth fpr or against toes shal l l pleas whe re free negroes or-mulat ( or. free, or in civi V. (!., •. R. 1 s wha teve r." aione be parties, and in no othe r case sisMis In soiw i La'lj)s, 60Q. 42.2. • Similar in Missouri, 2 Mis t: In J{entucky, 2 Lit ~· sippi, Mis siss ippi Jlev. •Code, 372. 's Dig est , 627 . . In Mar ySwi . •1,150. I~ Alab.ama, Toit lmin , ch. 13, § 2 g- -~, a7id act of Ja~d, Mar y land Law s; act of 1717 lin~ and Teni;tesse~ att _ofl 1751, .ch. 14, § 4. . In Nor th : Caro act of .llss emb ly,_of'J anu arJJ ..'.S .. 177 7, ch. 2, .§ 42. .L)..nd in bm o;• 1, * ,. .. 25, 1807. , aordinar y per:5,pi:c_acit y \ Such 'being the law, it require~ no extr t ·injurious to the. un~ mos to pronounce, that its effects m1,1st be e, 'who is seldom slav t~ hap py victim ,~f ,slavery. . It places at a time, enon pers ~ with in the _v iew of more th.an .one whit regard to his ouf al, with tirel y' at the . mer cy of thi~ individu per b.e mild tem his heth er fitness for_the exercise of pow er-w may , with · m'an e. A whi te and merciful, or fierce and vindictiv , and even aim, torture, ·m imp unit y, if no othe r .white' be present, oes and negr of number mu: der his· slave, in .the midst of -any mas ~ the,on ove~ his slave, mulattoes. Havii:ig abso_lute· p.omini_ . upon ence mit .illegal viol ter or his delegate, if disposed to com _l;:~ ion~ ·safe from the observat him, may easily r~m~ve hiin to a spot probable, few whi te .per- .' is it ed, of a compele,rit ~itn ess.·' Inde e plantation, s_inee I find, in ' ·s~tis ordinarily ;resid~ upon ~he sam owners o'f slaves are commost of tM sla,vesholding states, the keep at le~st one whi te pe~led by ·a considerable pen alty , "to j ... will; I suspect, creat e surprise even " Th~ existence: of ~ucli a law in Oltio, -holding state. Stronger in·oof of the in the mind of an inhabitant .of a slave uced. ' prod be ely effect of 'prejudice could scarc �67 man on ea~h plantation to which ·a certain number of slaves is attached"-a law which would not have been necessary ,;unless a contra;y practice was prevalent. See Prince's Digesl, 455; ~c. Plain and conclusive as this reasoning must•be to the mind of any candid pe~son, I think it best, nevertheless, to corroboratp it by the direct testimony of several distin•guish~d persons, 'whose means of information entitle them to speak with authority. Si William Young, then governor of Tobago, and ,an advocate of slavery, thus expressed himselr'in 1811: "Instances of bad treatment and cruelty, and of ~njust and immoderate punishments of slaves, I think occur exclusively within the narrow trading or h~~seholcl circle of unattached slaves; ard, I am sorry to say, havefreq'uently be·en reported t_o me; with circumstances of atrocity to ,be belie~ed, though (for reasons which I shall giv . not t o b'e proved against lower white or coloured people .acimineeting .over, f~om tw<_> to ten or more wretched beings, ,their slaves. In ,such case,s; what protection by law have the slaves. aga_inst the ·abuse,.'c>f powJ_r over them, by Europeans, ~r ?ili~r· free \>eoRlei" I think the slaves hiwe no pPotection. In this, and I doubt not in every other island, there·are laws for •the pfotection of slaves, ·and good orJ,es; but circumstances in. he admi:nistratio'n oJ whatever law 1·e~ider it a dead letter. When the intervenfio~ of the·law," he continues, '' is most xeq~bi;·ed, ·i h~ill,have tlu:• least ·effect; as, in ~ases where-a vindictive and cruel n1aster has care to corr_unil the mos"f' a~rocious cruelties, even to murder 'his slave, NO FREE , PERSON BEING ,:enEs~NT To ~wI~;E~s Ti-IE AC'.r. There appears;to me a 1;adic~l defect in the administration of justice throughout the West Indies, in whatever case the 'lf!rongs done to a slave are under consideratien; or rather,. that justice cannot in truth be administe1·ed, controlled ai it is by a law of eviderite whic"h covers the most guilty European with impunity,jlrovided that_when .,h aving a _criminal intent, he is cautiqus notrto commi ,the crime in the presence of a free witness. i should cousider it -as inconsistent with the respect and deferenGe I 'bear to thfl ffe/1• ~ gacity and wisdom of the a~gust body for whose use this report is framed, to idly enl~rge .it with the enumeration of humane laws for the.protection of. slaves, all rendered _n itgatory by-the �68· conditions of evidence requir~d in their admin istratio n." See to for this extrac t from Sir William Young, Report, &c. a note 1.68-9. page o/Cy, Slaver Indian page 167 of Stephe n's· West Mr. Stephen has colle~ted the statements of many others holding official stations in the British West India colonies, all cons curring in relation to this one point- the inefficacy of all law, rejecthe of ue'nce m·ade for the protection of slaves, in conseq nal. tion of the testimony of slaves. f avail myself of an additio island the citation from this so~rc~. The Chief Justice ,* &c. of inof St. Vincen t, gives the following answer to parliamentary es quiries proposed to him in the year 1791. "The only instanc in which their (slaves) persons appea r to be protected by-the and letter of the law, are in cases of 'murder, dismemberment never.· is slaves of ce eviden the as cases, these mutilation; and in admit ted again st a white ,,;,,an, the difficu lty of, establ ishing bethe fact~ i's so.grea t, that white men are in a ma7J.ner put . . • . • . . yond the r~ach of the law." topic t presen the er c.onsid I that I subj;in a further proof, not difficult of explanation, but becaµse what I . now adduce is borour rowed from the authentic records of a slave-holding state of the. s contain a Car~lin own cou~try. The negro -act of South reason by ~as, "Wher ·s: following preamble·to one of its section the of the extent and distance of plantatio~s in this province, cruel~ many irihabita~ts are far removed from eac» other, and ties may be committed on slaves, because no white person may b.e presen t to give evidence of the same," &c. 2 Breva rd's Di• • • gest, 242. law, we are na uthis of evils the of. ions admiss Aft.er, such to· its adoption, led have s reason what inquire rally induced to . ance. continu its justify and especially what can instithe with coeval is it that tes, It is allei!}_d by its ad~oca tution of 13lavery ; and they add, moreover, as if this cirGum the e sins existed has slavery stance we{.e of great moment, that de time of Noah. 2 -B,·eva rd's Dig~s.t, 222, note. That servitu no be can there ity, antiqu under some form is of a very remote at. proofs by d, believe doubt; but it cannot be established, it is • Drewry Ottley, Esq. �·69 ... all worthy of reliance, tha~ the 'rejection of-the testimony of ·the slave has always been a concomitant evil.* If indeed it could . b.e·shown that such had; in °all .age§, been the misfortun~ of the _ -oppresse.d, it would n~t surely, on that .account, ~afry.c~nviction, ~ of the justice of th_e rejection;to the mind of any one, who rightly I weighs the claims of. humanity, and who believes -that .'' to do Justly, and lov.e m~rcy,'? a.re ·duties of i_nflexible 'and perpetu~l ., obligation. • • . •• • , • > Villanage, as it ei_istec!· in England; fur!)ishes no authority for the universal application of this rule. ~ A vill.ain_was ·a good wit:. , ••rtess, in· civil.cases, against any 'one except his l~rd; see Bro: }ab;idg: tit. villeinage, 66; .and, as he _mightprosecuiehis lorcd king's, name__;-for v-i~lence' uone .to' hi; perso~, it is right ' • in the ~ • . . • - the \ : . Joseph~s. in bo;;k: 4, chap: 8, § 15,ofhis Anti~uities of Jews, (_ Whft<in's tr,.tiriskitian,) states the law from what 'we find . . . , on this subject differently , ., it.r:corded in the Sacred Scri?tur_es .of the _o ld Testament. Tjie•passage in Joseplius stands thus: "!,et not a single witness be'credited, but three or two at least, and 'thos~ •such whos~ 'testi!!1ony is confiqp.ed by their good lives . .Brit-kt,wt the testimony of women be admitted m11 account of ihe levity and ·bokl~s-..pf'fluef,i- ~ex, iwr let seni~nts.bi admitted on account of tlie ignobility of their saal;-since it is probable that they may wt speak the truth, either out of hope ofgain or>-jear .o/punishment." ,. The. \luthority of Josephus cannot b-e set in comp~tjtj~il.~ith that of the Sacred·Scriptures, as they have descended to,us. Alld -th011gh he profess,es to give the law as established by M~ses, and left . by him in, writing, without .any. ornament or addition, yet it r<;quires bu1: little attention · to discover, that instead of the P'entat~uch itsel(he lias furnished, a commentary -upo_v. it by the Scribes and' Pharisees, whose '.' tr~ditions," as we are told by unerring wisdom, had made '.,' void the law." See note, to Whiston's transthe text of Josephus abcme cited; also, 3d volwme of !fome's 'Introduction . li:dian, - to a ·critical -Study of the Holy Scriptures, UZ, -(American :edition.) -When, therefore, w'.e 'find the law' of Moses, 'according to our Canon, presci:ibes nu, merous rules for the treat~ent ot' s·ervants or slaves, regulate; with consider.able· minuteness judicial proceedings in general, and makes particular mention efthe numbei• of witnes_ses required to-establish the ~th, arid yet is .entirely. silent as to the competency of women and servankas witnesses, it_is fair to p_re- • sume that no such disqualifications were ever sanctioned by !he Jewish law• giver:· See Delft. ch.17, v. 6-and·ch.19,'v.1~, et seq. The judges, indeed, were • expressly emp9wered to decide upon the _cred~bility· of witnesses-to proceed ·agaillst those who te'stified·falsely, in a·sum_mar.y'manner, and to iµflict retalia.tory punishment upon them. From w_hich, J infer, that ho!Ji the accuser and accused had a right to produce their witnesses, an_d compel the hearing of them, leaving_the.Judges, like our juri'es, to de~ide upo\1 the weight of their tes~. mony. 0 on. �70 • admitted as a wit'to presume, in such a case; he must have been ny's 'Opin ion, Dula a.; ness against him also; Coke Litt. 124, in crim inal t, doub I Mar ylan d's Repo rts, 561; an:d, without he was a that ss cases generally, it was no exception to a witne n, e Crow book 2, villain o.r bondman." Haw kin's Plea s of:th chap. 4?, § 28; Coke L,it(. 124, a. probable origin. We must have recotirse to the civil law for its that a slave could " The g~i;ieral rule of that law certainly was, to it, founded in ti'ons excep were not be a witn~ss, though there migh t-be e:Xainined · reason and policy, for men of that condition ht ~nd difficulty, ' when the 'welfare of the st;ite, in cases of. weig iples, or wh_en othe r r~tti red s~ch a departure from general princ t Indi a Slave1·y, Wes hen's evidence was unat tain able ." Step ects. ~ :This Pand the I 71, citin g ~oet ius's _Com men tary on we·are to if le, u r· the latte r exception, it is obvious,. dest~oys the· defe t in ined, un'derstancl. by it that·a slave migh t be exam st the again der offen of other proof, for the inculpation of. any si9ce ing; mean laws. .' Arid such I suppose 'tp be · t~e true ti-, inves an e induc "slav es migh t always (among the Romans) Jus-· s es;"' Cooper~ gation, by flying . to the statues of th~' princ but)i ttle value, unof be d woul h ·whic tinia n, 412; a privilege against ~is injur er; less the slave could be examined as a witne~s ·much mote pro-' with case, own his in and if thus admi!lsible persons, where feel-• • priet y ~ould he be heard· on behalf of third ings 9f interest would not operate t0 bias him. rrile of evidence, i:t may ~e safely averred, I believe, that' this -hold ing state s, slave to the exte nt in which 'it obta ins in our of any country; rity cannpt challenge for its support the autho forgotten, that be eithe r ancient or,mode_rn. For it must not. h ' 'is rejected: by it, whic s only his not the evidence of slave • . • 1 the descendi't applies equally to coloured persons, or rathe r to ee , ~ to those .who an1;$ of Africans, ,as well to 'those who are/r ly discuss the pro·are slaves. This being the case, I shall brief let us see upon first, And. * ass. priet y o( it, in' its whole comp th:.1t ion 01~ the ground t:\.lil'.: In Virgi~ia, a very early statute places the ~xclus !llDODg those, a certain de- even .,.., n one but Christians should b,e witnesses;_ and :, ; I allude to, . runs thus statut The ded. exclu · were s person of. ' scription . ' ,J, �.;, what reas~n 'it i's .founded, in its application to slaves. It ha·s been said, the admi~~ion of ·.such testim.'ony is dangerous to the lives and fortunes of the whites. This charge, if :i:dopted in it; most obvious sens~, would seem .to imply the total de_stitution of veracity in the slave. . But this•conc\usion must be too com. prehensive, sipce even slaves a~e competent witnesses, n9t only against each' other, . but against free persons ?f c<;>lour, iyithout any restriction. La'¥' of Virgi_nia, I Rev. Oode,,already cited; .frince's Digest,-44'6; Haywood's ·Manual, 523; Mary;land Laws, act. of 1751, chap. 14, § 4, f,rc: f,rc. if the objection is restrained to the t~stimony of _the· slave against his master, it presumes the predominance of the ut~ost depravity of heart in the slave---,-a ~epravity, which, in the grati1cation· of a •spirit qf revenge,* would disregard the sfronges~ mor~I sanc~ions. To coneede this, is td impute a higQly crimi- ' nal negligence to the m~ster-for havi9-g the _absolute dominion of the slave; the dictates ·of humanity, as ·well as the plain precepts of the gospel~ _demand the bestowal of such attention to the religious inst.ruction: of the slave, as~. in ·ordinary tases, would prevent or extirpate such exce~sive malign)ty. •. B?t, it is said, "the l:iope of gatn," or.. " the/ear of punish• '• i, POJ)ish recusants convict, negroes, mulattoes and In5lian servants a_n d others . not bei,ng Christians, shall be de~med and taken t~ be p<;!rsons incapable ·i n law, t;o be ,;itnesses in any ca.sewhatsoever." &e3 Ifenning's Stat~tis (of Vi,;ginia) at T.arge,~298, act of October, 1705, (4th .11.nne) sect: 31. In Mary/,and, papacy, of course, is 'not subjected to the ban, but the like intolerance is nevertheless evinced; "No negro or ·mulatto slave, free negro or mulatto- born of a white woman, during his time of servitude by-law, or 'any Indian slave or ,f ree Indian natives of this or .the neighbouring provinces, (shall) be admitted and ,re~ei~ed ~ good and ~alid evidenc~ ii) law, in any ·:111atter or thil)g whatsoever depending before any court of ·record, or before any magistrate within this province, wher~in any Chri;tian white person is conc~rned." .11.cts of 1717, chap. ' 13, § 2. • And yet revenge does not seem to be more. prevalent-.with qlacks than with whites. CL~RKSON, ~hose labours on behalf of th~ negro ~re so well known, makes the follO\ving memorable declarat\on: "That he had not;aft_e r • a diligent and candid investigation of the conduct of emancipated slaves, under a great variety of.circt1mstances, cqmprising a'bodY, or'more than five humked thousand, a considerable proportion o£whom had been suddenly enfranchised, • ,found u single instance of-revenge or abuse of liberty." �• 72 ment," would probably induce the slave to testify · falsely., "The hope of gain" will be felt chiefly, i( not exclJJsively; i~. investigations touching the m·aster's interest; an objecti_on, which, if it be a valid one; degrades the master far below the level of the siiborned slave. .. "The fe!).r of ·p~nishment" is a ~nore embarrassi~g difficulty~so :i:nuch so, indeed, _that it would perhaps be proper, as a general rule,_to exclude such t~stimony ' when· offered on behalf of the master. • To every other objection, except the last, under the pecy,liar . restriction there_ mentioned, TRIAL _BY JURY is ,an amp~e refutation. It is ·scarcely conceiya~le, that 'a beipg so degraded as is a slave. in the· eyes of those ~ho usually compose juries in the slave-holding states, should, as a witness, operate serious 1njus~ tice to a white man. Labouring under tJ:ie prejudice with which; he is likely to be viewed •by slave owners, it is fair to infer, that unless fortified by other unexceptionable witnesses; or by strong circumstances, a· slave's te~timony would or'dinar~ly go for nothing. But; as has been ·well' remarked by Mr. Step~en, •" how many instances are there 'in which the- evidencf:l of a.witness, who is liable in a much higher degree to dist~ust, is essential to the interests of_j~stice, and may furni~h a s~tisfa<;!Jory ground of decision, even for the p1,1rposes of convic_tibn in capital cases·: Often is ·a necessary link: fo the 9hain of circumstan-., tial evidence wa~ting, which 'the vilest man on earth might ere~· -dibly supply, because the other cir.cumstan'ces have previously rai~ed the, highest presumption of its truth, and·of 'its being a'• 'truth too within the knowledge of- that witness, Sometimes; also testimony, which is very low in credit, may justly derive g;r~at weight from the consjderation, that i,f unt;ue; the ~pp~sit~ party·possessed the means ·of refuting it ·b y ~atisfactory ·proof,_ which he has not produ~ed; and sometimes it is satisfactory, because it is strongly corroborated by other evidence, though . n°e ither Would- have separately ·sufficed." The examination ..of accomplice; in crimif-against each other, instan~es of which are of daily occurrence in crimi~al courts, is ·an illustration of these • • • _ . -.. 1 • _• • principles. In the ruder ages of society, courts .of law,' viewed the corn: petency of witnesses. with gr_eat jealo~sy; P ersons were pre- ... �.. . 73 are vented from , givih!§ testimo,ny then, ~n,, ohjectio'ns which now treated as of insufficient validity. For this in:i.provement in judici~l administration vve are principally i~debteito the as::, certained practicaf excellence of trial . by .jury. Besides: hus~ band and wife, who, in general, fwm;motive~ of p~blic policy: and humanity are- forbidden or e;ccused. from testifying -for. or against each ·othe:r; may, under so~e 'circu·in-stlm~es; from necei.' sity, in legal ~ontemplation, i. e. •io pr~v~~l an e_n tire failui-e oj justice, ·be p.eard even in ,-their own· _behalf. • Such is thtl' case where personal vio1ei:i.c~ has b_een offered b'y the o·ne to the" other. The· grarit of. a' like privilege to the sla:ve ·against nis master, in particular, may be ·supporte'd by. ~easons, at least, . equally forcible: Artd sueh 'a riglit jt ;eems prolfaole obtaint34, • in Massachusitt~; as far as we are· informed,' :Without in~onv'e:~ience~n 'tlie contrary, j have n.-o doubt, with decisive-:pu,blic· _· , - . .. advantage.-See suprg, not~ to pa{ie 23. .If trial by jury _is a sufficient _answer to the several'o~jectio'ns against thf admission of a sl~ve's testimony, .with much ·greater force may jt oe urgecl ih ref~rence to th~ cm:npe,teri_cy of the :· free negro. Indeed, it is -to me incoriceivable; up_on·what plau~ sible ground the· unqualified :and uiiiyersal r~jection of the lat~ for· as a witness, can ,he supported. It is 'Yith'out lhe precedent, of any otlier country, if is believed~whether civilized or sayage. The freedman was a competent witness hy the .civil law. I{e might eve~ give ' evidence of ~hat ca~e ~o . h.is kno;wledge be-· fore ·his enfbnchls~iu-ent; a pdvi1ege not a-llowetl 'b y ilie sam~ law to the man of foll .age, in re~pecf to ~~at .he learnt du~i;g • his nonage. 'Stephen, 181=-z, citing, ·voetius ··ad pan_d. Lib. xxii'. Tit: 5. § 2. •I ii th~ West Indies, fr~e negroes are rec~etyed. as.~itnesses in civitactions against white persons:- Stephen, 1.82 ;, a distinction of imme,nse , ~dvantage, especiapy in a trial fot freedo·m, Where it c_an hardly be expe:cted a white·.persgn wo~ld . be p,ble t~ testify-as to the pedigree of a -black'. < • • :i 'While this unqualified-and universal exclusio}f of .the ~vF den~e of i;oloured persons prevaris, it can' be of butlittl~ use to e~act severe penalties against kidnapping. Secrecy i'n this ~rime, in particular~will,"as far a~.it is in the powei of fhir p~rpetritcir, Be . ' · • . .i O - - . • • • -· , --- - �74 ,- cannot ·be pre~erved; .and if the free negro,~ the injured· party satisfactory cap e heard against_th~ 4?ffender, fr~m what other sourc ,as a withim; t evidence be e~pected? But change the law, admi F ST o_ EASIE ness, and kidna pping 'of all crimes woul d be THE DETEC TION: lit ' regulation, it • Confessedly great"as .,are the evils 01 this hars~ iption ·has will natur ally oe asked, if' a, reme dy of some descr a prethat red, answe be i'nay it this To not been attempted. ndemo easily _ be may as one, _ acious posterous and whol ly ineflic in ted iniita and ina Carol South n i. strat~d, has been devised. ex: d shoul I fit, is it it, ed cteHz Louisiana. : Havin g th~s chara elf;-'ana' for hibit it to the '_ re~der that he may judge for .hims in. which bly; ass~m of act the thi~ p~rpos~, I g·i'v e the section of of ~he reaso~ by reas, it _is found, witho ut ·abridgrnent :_ "Whe iinhab the nce, provi this exten t-agd distance of plantations in ies cruelt many : and , other tant~ ·a1:e far remov ed from·, ea~h perso1( may b~ ID!lY be comm itted on slaves be~a~se n·o white some metho a unless e, pres~nt to give ·evidence . of the sam e; and as offenc such be provided ro'r th~ better di~covery 'of under the be to slaves are under the gover nment; so .they ought it en. -Be protection, of maste1:s and managers of pla~tations, er, memb or ·acted,' · That· if any' slave shall suffer in life, limb • direc!O the 'pr shall h~ ' mairped~ beaten ' or abused contr ary white no tipns and . true i~teh t and . meaning of this' act when or refuse pers~n shall be 'prese nt, or being prese nt shall negle ct same; the ning oncer oitth·c upon ined exam _to give evidence, or be have .shall who rson e p· other or r .owne .t he •in every such ··case' ' ,, 'v. • Remote as is .t he city • Too much force cannot be given· to this argument. ·the introduction -of which in states of Phila"delphia from those slave-holding is freeiy permit ted States United _ the of y ei:ritor t the with\n sfaves from places 1 ned that mirre than scertai been-a ancl where_ also ' the market is tempting, it has p ed here and kidnap n e be_ have n, childre mostly s, thirty free colou~ea. P.erson kind interthe h throug these, ·carrie d away, within tp.e last·tw o years'. · Five of friends , their to· ed .restor been have en, gentlem _ e position _ol' several human d reta,ine still are others the though not without great expens e and difficulty ; ourj a s itnesse ~ white g sendin by be, must it all, in bondag e, and if r~scued at ant upon law-suits under ney of more than a thousand ~les. The Costs attend of the,estii;nati:d value, short little but fall ly such circumstances, 'will p·robab ' ped. kidnap • uals individ the of slaves, cu �.75 the care. and government ofsuch slave, and in whose. posse~sion or power ~uch slave shall be, shall be deemed, taken, -reputed and adjudged .to be ,'. guilty .o f such offence, \lnd shall be prqceeded. ag~fost a~cordin,g ly w1.thout further proof, unless such owner or other person as afor.esail can make the contrary appear by ·good and sufi.i~.i~nt evidei1ce, _or s_ha°zl by H·1s QW~ _OATH clea_r and exculpate himself; ~hicli oa~h every co.u rt where such offence shall b~ tried, is hereby empo~ered- fo admivister, and to acq.uit the offender if clear pr6of of the offence be not made by twq witi,esses at.1~.; st." ,2 Brevard' s Dig..[!st; 242. ' The reader' has ·probably anticipated my objections to t.he '.extra~rdinary prov,i:sions of' this law. • •That the slave population, were .subjected to many cruelties~ as is set fortl:i in the pre~magainst of. their testimony ' of the .exclusion, ble, in coµsequence , ... ' I , their .opp_resso~s, I have no d~l,!bt, and that the legislatures were fully convinced of this 1 consider to be . equ~lly clea~. . But it is by no nrnans ,clear, that a· 'remedy · of the mi~chief was in<tender/, by the enactmeJ}t of this sectio~. It vyould detract' from ~h~ i7ltellectu(f-l •char;:tcter of -~he Ieg/slature •to s~ppose ;o:, • Coulq,it be ,r~as?nably expected, that the presm_nption of guilt, which th~ act ·auth!)ri.zes to be made,' would lead to a conviction, wheri the .party could ·p.l!rge himself of the accusation brought against him by his ow1i ?aih? . Of ~ crime ihich could be s~tis~ -fied by.,. a _small pecunjary fine, perhap,s .it .sometime,s might;·s,uch ' ins\anccs,' 'however, o~e .u;hite .person only in general ~~ir,g on the plap,tation, wo'!,lld eyeldom be br~ught to, the know'.. •·ledge of the magistrate. But. would the m3;n,-.,wh:,ked enough to commit murder, he$itate to screen himsel'f from 'its penalties, by crime not r,;_ore heino~s. certainly, than that which h,e would th~'s co'ncea)?.*, B'~t thi~ is a vi~~ of the law far inore favourable than its true construction aut horizes.- For it is in terms, declared, a • • • . r-t- ' I I * No one, I bi!lieve, ~ill. questiop. the truth.~fthis ·as a general remark. It is not, therefore, for the purpose of (ortifying ,it, that I refer to a case, reported -in the South Carolina reports - of judicial decisions, in which the exculpatory oath·was offered t9 be made, ·by a person, whom the court decided not to h,e within the benefit .qf the act, and ,vho was, immediatelY, afterwarda, up(1TI, good evidence,fou'T![i guilty of manslaughter. See The St(!te vs. Welch, f Bays' I Reports, 172. I , �·76 that the offender shall be acquitted, Jl'>on his own oath of inno:TWO wit.be 1wt made' by guilt of his proof cei1ce 1 if clear r • ., . . . i of) h~ modification a introducing fact, in thus,, least; at :riesses THE FOR BUT slave, the of protection tlte for ru:it ' _former law, ! ! OVERSEER! OR _ MA;TER .,ESPEC IA.:L J!ENEFI'l' -OF ACRUEL ~ 0 , II. A SLAV~ cA~NoT .BE ·A-PARTY To A c1viL .su1T. ,t has been sho~n in a prec~din_g, part of the sketch, -that a ~lave can neithe1· acquire nor retain property, as his own, ' co~trary' to the 'Yili o~ h~s ni~stei;. _ It ' re;ultg, therefore, that he ~cannot be a party tc'>0 a~civil su!t, for there is no specie's of civif ~uit which does .not, in some .way, affect property. · There is, however, an authority, .which for the purpose· of ~onvenient investigation ~ay be classed ::is an e;ception to_. the , a)Jo~e rule, .given·_ by .•the laws of: all th~ slave-holding states, to yersons ~eld as slaves_; BUT. cLAIMH{G··.ro BE FR;EE, to prosecute; their claim; to freedom before some jtidicial h'ibunal. I de~ign, ther.efore, rn this pla~e to_~ring into vi ew: whatever relates • • to .this subject. . The oldest la·w of this descrlp_tion, _appears tq, have been ;iqopted by So~th Carolina in the yeac 1740: It begiris ·with ·•WliB,t has been already ext.ragted, but ·which for the sak~ of per• .~picu{ty, it will be prope~. tq :epe.at, "~e i_t _eria~te'd, That aH ·;negr9es, I~dian~, (free Indians in amity with ,this go-yernment, an4, 1_11:1gr0es, mulattoes and me.stizoes now free, excepted,) rp1:1.laW>es :u~cl m'estizo,es wh.o now ~re or shall he~eafter be 'in ·this proyince~ and all their , issue and offspring born or to be.. born, ~ha,ll pe aQd they ~re ~ere by .declai:ed to. b~. and remain for ever heteaftei; ·absolute ~iayes, and' shall follow the condition of the mo.th~r, &G, &·c. Provid~d, . tli.~t ff a1~y negyo; · Indian, mulatt_o, rriay be ·lawand it .shall claim hi:;;r or her. freedom~ .or mestizo, ,, • . -. • person or any or mestizq, r o· mulatto lnd_ian, gro, e n_ such ful. for persons 'rh~tso~ver, on his ~r -her behalf to apply_to .the judges of his majesty's_court of co1ni110n pleas; by petition or motion, ·~ither dµring the sitting of th~ ·said· court, or b~fore any of the j .y~tipes of tlie same court, at any,ti,me in vacation. And the'said Q!,l.µrt, ,or -any of the'jus.ti~es. thereof, shall, and they-are hereby fully empowered to admit any person so ;ipplying to be guardian 0 �!77 for -any negro, -Indian, mulatto or mestizo claiming 'his Qr Jier or their freedom, and Sile~ guardian shall be enabled, ~niitled and capable in law t9 .pring _an action of·-trespass, in the_nature of ravish~ent o'r war.cl,~ agains·t any person who shaH claim pro..perty in; or ;who shall be.. in possession of any such_n:5'gro; Indian, mulatto or·m~stizo, and ·the_defendai:it shall a~d ipay pl~ad • .the general :issue. in;such acti_on brought,_· an_d' t~~ spec!al 1JJatter 1nay and shall be giv-en in evid~nce, .an~ 4pon a general or special verdict-- foµnd, ·judgment -shall be given, ac-cording to the ver{~ight qf the ~ause, without having any regard to any defect in t?e proc_eedings,: either ii-i' form or subs_tance. ..A~d if jtidg~rnnt shall· be given for 'the plaintiff, a sp'ecia1 eritr'y shall be made, declaring, tha-f ·the ward of .the plaintiffjs fiee, a11d the jury sh/111 ;isse~s dama~e,s which the •pjiintiff's :",a ;d h_ath s_ustaip~ e\f,- and the court shal-1·. give · judgment ,antl award .. ex·ecµt-ion .aga1nst the defeµdant for such .,damages, with fufl cqsts of· suit; hut in.case .judgment slJ,aU-be _.giveri for the def..endan,t, thf ,8aid court ~s hereby/ully e-rrippweredto fr'tflfct ~UCH COitPORAL PUNISHMENT, NOT EXTEN'IJING T.O LIFE OR LIMB,. on_ the ward of the plaintiff, as they in their discretion shall think fit. ' Provided; that i'n any action ot suit. to be brou.g ht. in pur~uance· uf the direction·ohhis ·act, ·THE BURTHEN OF' THE, PR~OF·shp,ll lay upon the plaintiff, ~and i~ shall be . alw_a.ys presumed, -iha·t every negro, fndian, wi,_ula:tlo ~nd m~s.tizo, i"s· a sla1.;e, . -anless th.e contrary be made t~ appear, (the•Indians i'n amity-with this gov~rnmerlt 'excepted, iJ1-which ciase: __the -buri~~n _.p f the p'roof shall be ·on the defendant.)'' 2-Brevard's Dige~t; 229-30; • : In Georgia," tlie -act of assembly of May 10, 177-0, is· almost literally -a copy ohh_is of Sou.th Carolin<!-. · See· Prince's Dfgest, 1 ~46. • v - • • ,• , . It is i~possible fo~ ;1iy humane and refl'ecting _person to ·examine the provisio'ns of.:the apove Jaw,' without (he convic.tion • of. its injustice and cru~ity. 'irhe -.negro; &c: claims .:to oe·-£ree, . and yet ·he can bri~g· n~ suit to irivesfigate his master's title to restrain him or" his liherty, unless··som~ one, ca~ bc:i'.found mil•: • -!!iful enough ~o, become his ··guardian, subj'ect: in any even~, to the ~ipense.and-,_trouble of conducting his cause;-and in case of-a . ,• .. . . ' ' �78 failure;. to the costs of suit.* His judges and jurors will in all p~ob;ibil_ity be .~laye-holder.s., and i1_1terest~d, theref~re, ,i~ some measure, in th·e question. whicK they are to try. 1'he_whole community in whi~h ~e , lives. may,, so few ,ar!! the exceptions, be said to be hostile to his success. Being a begro, &c. ·by the w~rds of the a'ct, . the burthen of•proof rests 'upon him, and he is presumed to be a slave till : he make tqe contr:iry.anpear; . This is to be effected . throug'h the instrJimentality of white witnes~es, as has bee!} just sho~n,, exclusiv~ of the testimony of those W?O are'. not white, ~ven t~ough they may be free and of the fairest character. And, lastly, _notwifhstandi!Jg all these.obstacles to-the ascej'.taining.ofJh_e ~ruth of his allegations,, in co~vincing the terrot ·is superadded, should he not. sµcceed . ' . ,' . - ,) ' ·, • ' • - 't/ : • ' ,. · ~ In South Carolina, by an act passed in 1802, "the guardian" (in a,trial for freedom) "of:]. slave," (\vb,o may have been illegally imported into th~ ·state, and is, on that qccownt, ~y the same law, d<rclared,to be'Jrtti) "c\aiming his freedorti, shaU be liabl_e.td dbubT.e costs of suit. if his ac!,ion shall be ,a djudg- . ed groundless; and shall be liable lo pay to the·bona fide owner of such slave, all !tllCh damage's a~-~hall be a; ~essed hy a jury and ;djudged :by any 'court of common pleas." ;J Brevard's Digest, 260. . And in Maryland, the attorney, in; trial for'freedom, must pay all costs, if Q})SUcces~ful, unless, the cqurt-shall bff of opinio11' that .0 ere was proba9le caus~ for sµpposirig /Jlat the pe~itioner had a right to freedom. JJ.ct of lfov. 1796, chap. ~7, § 25. And; on SU\:h a trial, the ma<Jter ·(the defenda.ti~) is allowed·twelve ·PEREMPTORY chailengi;s a.s·fo the ju~ ' rors. Ibid. § 24. i_:he same _spirit of hos.tility to · ti).e c~imant ,for freedo!ll is manifested in Virginia) where, "for aiding and 'a,betti'4g a slave in a' trial, f~r freedom, if the, c~imant shall fail in his ·suit, a. fine ot one hun<;l red dollars is imRosed. 1 Rev. Cod.e, _482 . . Missoµri has:,;:oncocted a. strange mixture of lenity•. ;md'rigour, in a la~ on this subjec;. ; •A P,erson claiming his· freedom, may petition the court; &c. praying tµ_a t he may· be permitted fo sue as a pwr person, and stating the ground upon which his or her claim to freedoni. is fouitaed: and "if in the opinion of the court, &c. the petition contaim sujficient matter'to authD" rize. the commencem!!nt _of a suit, the .~o~rt, &c. may niake a.n'. or~er that Sl).ch person be permitted to sue a.s a poor· person, and may assign the petitioner counsel, &c. 1 Missouri Lau;s, -~0:4. _ The privileges of suing as' a pwr person, and ~f having counsel ·assigned by _the court.· are worthy of great c'orrimendation, ana' present ah enviable contrast to the' .ferocious.spirit of the South .Carolina. a~il Georgia· acts; yet it.,is_ma:de ~o d.epend upon the ·arbitrament of the ·court, ur. • even.of a singl.e judge, 'f'hether the petitioner· shall b~ Tieu3:.tf, by a jury at all. In .JlJabama, the legislature Jia:ve adopted ~e objectionabl.e parts of .the l\'1issouri . _law, while the beneficial provi~ions have been liMiTTED!-l' , '!'<J1lhiiin's Digut, • 632: . �the judge ahd jury of his right to freedom,., -of an infliction of corporal punishment to any extent short of capital execution, or the deprivatio'n -oJ a limb!!! And in · Georgi~, "should death h:f'ppen by accidenfln giving tliis · Iegal (modei:ate)-correcti?n, ,; according to the terms of the constitqtion already quoted,* . it will be n,o crix_ne! Such legislatio,nJorcibly reminds us pf'tl:ie feast' of Dainocles..:_tfiough, in· ail·soberness-; it may be said, the c~nduct of Dionysius ~~s supreme ?enefic¢nce, c8lllpared ·wit}l the terms.of mercy contained in this act: _-~ • · • ~ • · · The harsh and unreasonable ·doctrine -~hich presumes every negr-p, &c._· ·to · ·be a ·slave; obtains, I believe, · :with · the singfo ex:ceptiQn which wiirbe' hereafter noticed, in all the sl~ve~holding sb!tes: : In Virginia, JQ.ere is no statu~e to this.effect, yet so_is tlw ll!W as established by judicial. dl)cision~. --;- Thus, whe're i~ S!!its for freedom, brought byse've;ral persons, whose descent was"traced to a free fndian woman, and where, as .th~ report~rs say;' ,/ On the hearing; the late chancellor, t perceiving from his ow·n view, th_~t the youngest of the appellees was perf~c'tly white, and that tlu~;e·were 'gradual shades of'. difference in •colour b:et~~en tn.e grand-mother, mother· and grand:daughter; (ail of whom were before th~ court,,) and considering the ev_idence )n- the cause,. determined .that the ap,peHees•were entitled to: their treedom; and moreover, ~n the ground that freedom is _the_birthi;igl-it of every human being; which ~elltiment is stion:gly·incuJca_ted by ~he firsl article •of our P,oli,tical c~techis·m, the bin.of righ'ts:-he laid it dowJJ, as.a gener"al 'position, that w_henev_er iine perSO'f/, claims to ho/d another_in s:lavery, the onus probandi (burthen of proof) _ii~s ~n the ,clajmant. " . .,Th~ _~_uprem,e cour~ !)f ~ppeals~ to which the case was afterwards. carried, thought- fit, in reviewing the decisioh of ·the chancellor, to go beyond the accustoin.ed line of its duty, in .oraer to casl a stigma upon .the just p~sition which -had· been _as~erted by };lirp. -• The follo~ing is ·a cop,y of the. final judgment:. " This court, not appr~ving of the chancellor's. principles -µnd r~asorting in . his decree ·made' in• this cause, exce_pt so far as the sa::o:ie relates to ,white p~rsons ' . '·. -' .•. . . . • •. \ ' ':'" , • See, supra, page .37. _ • t The Honourable George Wy_the, one of the signers of tlte JJeclaraiion of our Independence. · �801 ~nd native .l.lme.rica;i Indians, :1njT ENTIRELY DI,SAPPROVING-5 thereof, so far 'as the same · relates to \ iative .fif:;icans and, their descendants, .who have been and now are held 'as slaves by the citizens of this ~tate; •arid djscovering· ~o other er.ror i?' •the said dec~ee, affirml ·the .sam_e .'' See the case, Hudgins: i,s. Wright, I Henning. ~· Mienford's Reports, 13.3 to 143. , In Maryland, similar 4ecision has been mane, . 3 'Harris ~ JJ:f'Henry's'Repprts, 501-2,, case of n_egro 11far.y v-1:. the .V estry of William and Mqry's. Parish, ~c.; so, in Kentucky, 2Bibb~s" Reports, 238, Davis vs. · Cur.ry; . arid, in New J~rsey, i 'Halsted!s ,Reports, 253, Gibqons _vs, Mors~, (decided November, · a 1821.) ,· . . •. • •,· • is received .~ith soine limi1 In North Carolina, this ~o~trine tation, the-presumptio'i1. being ,confined to negroes of: {lie whole blood; while those of m~xed blood, i nuiattoes,-m.es#zoes, <$-c. are pre~umed free, unt.il the .CO!}-ttary is proved. ' _T he .repqrt-of tJie case~ i~ which thi's· principi'e i,:'l recognised, is giv~n in 1 T-aylor: s Reporls, 164, 'Gobu .v._s .. Gobu. T\)e case itself is unigue, and on. this account, as well as 'to display, the so.und· re.asoning • (as far as respects t)le mixed hlood) of Ghif:f .fu.stice 'Taylor, •~ fs tra~~cribed at -large. . • • • • . } "Gb • 0 · )-1 Trespass· and false imprisonm ent. : • ·, • : f . ,&c' slave; is plaintiff the that Plea~ . (/:bu ;· ·, a "It appeared-in ·evidence, that the plaintiff,. when an inftt1it. apP,<;irently_ about eight days old, was pl~ced· ii'.\ a ba~n, by some persop unknown, and th?-t the ·qefend:int, then a g irl.of about: twelve years. of.qge, found hiµi there an:d conveyed hiln home, and had _k~pt p.ossession ·o{ him ~ver sip.ce, treating him ~ith humanity, but c_laiming 'him. as hers/ave: : The plaintiff was' of an olive-colour, _between black ·and y,ell~iv, had _.l01ig hair a,nd pr~miv,ent n_ose. ,,~ l'hese facts wer~ ·ascert~1neci by the' court, by proof and inspection;. upon which the judge gave tlre follo\\'ing charge: "I a,cqu.iesce in the rule 'la1d down by. the defendant's G(?Unsel, with resp~ct t<'i tlw pr~sumption ·of every black· person being a-slave. : It is so, because th~ negroes origi~ally_ brought into this countr-y. "Yer~ ~laves, -a~d their . dese~n~ dants must continue slaves until manumitted by proper .auth.o rity.;; �81 If, therefo:i:e, a perso·11 of_that description claims his fr~edom; he must establish his right. to it by such evidence:as .~vill destroythe force of the pr~suinption §\rising from colour: · But" hm 11ot aw~re, that the cloctri!le of.presumptio~ against liberty lias been urged, in, relation to ·persons _of mixed blood, of to those of any colour befween tlie _two ·extre:ihe~ •of bTack and wh'it.e, and Ido not think it reasonable t/1,dt -;ucl1"a dor:i?'ine ,sh~uld r~ceive the least counte;,,ance: such persons ~~y have descended from Indians in -ho.th lines, or,at. ie~st ill the nYaternal; ·they m·a y h~ve descended from a_white person i-n the· fnaternal line, or· from _ mulatto parents origi~ally free; in all ~hich ca~e~, the offspring ' following the condition of the mqther, -is entitled- to . freedom: Considerit1g h9w. m~ny probabil.ifies there are in fa~otp::.'of· fhe liber_ty,: of these persons; they ought" nol: to be' depriv~d of it upon mere presumptio·n; more es"pecial1y,· as the right . fo-· hold them in slavery, if it exists, .is in•most instan-ces c·apal::ile of bei11g · _s3:tisfactorily proved."* . - - . • • __ _·; •• • . . . : • • While t fr~ely. subscribe to the soundness of the view11 of this_ djstinguish~4 jurist, fo .relatio1i to persons of -mixed blood, I ca~not ·but .dissent from the specious re.as·oning; by which "it is infe~red, "that every black person _sl::10ulci be' presumed· to be · a slave, . ,Slaveryj_s ~n i~"stitµtion which all pr;fess t~ disapprove. It. violates {[very inan;s sense 9f-r'ight: , it is at-varia11ce with the geniu·s of our govern;nent. • It~ exist~nce; therefore, in po case , ought to presumed. :But, .in ore th/Hl t4is-it is ,vell lm~wn that a forge number of blctck ·~er;ans is en't_irely -fr~e, . evefi 'in the slave-h?lding-st~tes-t.he iaws of o~r ~ountry-r~cognise their right fo (reed om; anl thi po~er .of_the government _has bee_n wiehled .fot their protection, as citi'zens;'~henever"a .fit case'ha~ b~eri brought to public no~i~e. . :With what p_ro'priety of rea'sori: ing, ·then, can it he: ~rge,d ~ ✓tl:iat: their colour ~hould, in legal corjtemplation, raise_a presumption against their _libf,!rty. Even' those who. thi~k 'it desirable fo perpetuate sl~ve_ry_:_who 't~ink it no evil to ' degrade and brutify a_<being endow:ed by· his CreAtor_-with re~son-n_eed -apprehend no· violation , of .th~if. iegal oe ~ The doctri~e of this c;se was afterwards 'co~firmed, ~o that it may be considered as the-settled law ·or North Carolina, See 2 Haywood's Repurts, iro. 11 �'82 rights of property, by a contrary· doctrine. - What greater difficulty can t:)Xist, to-satisfy the requi;ition_s of the law, _in regard to the ·owne·rship _of a slave, -than obtains in regard to the ownership of ordinary chattels. Will it be alleged, ·that fraud may be perpetrated by transferring a freeman as-a slave? But, is not an intelligent creature, endowed with the faculty of·speech, at _all times, . capable of adm'3nishing a purchaser, a'g~inst such :a deception? ~nd, when a communication o( this nature' is made; • • ought it not- to be heeded? ·. preof doctrine this to n I am·the more strenu_pus in oppositi'o fniitful · the y lobviotisl is · it sumption against liberty, bec·ause· source of the abominable cri_me of man-ste aling-a crime\vhi!!h~ i.n ::ill nations, seen-is to have be.el}- viewed _with abhoi:rence, and visited with severe penalties. '.The wretch who, by art or force; is enabled to exhihit a person of African extracti on-" with a colour. not hi~ own"-in his custody, and within the limits of a slave-holding state, is ~x~mpted from the n~ces~ity ·cf m51:kirig any proof h0w he obtai11ed hi~, or by' what autli_o rity he c~aims him as a slave. Inspection: notifies to every beholder, · that the unhappy 'pers~~ said to be a slave, is presmne d sci to be, by the law of tlie Ian~! Supplemental . evidence )s u'nriecessary-.:.a forged bill -of sale may be ·a: convenience to satisfy the timid •and .ayer-cautious, but the law-th~ supreme ,w i;dom of man~ deems any thing more than ·colour· quite superfluous. Is this just:'! Does it b~come a free and enfigh'te~i~-people thuS' to de_ ,. • ,• cre_e -thus-to inji1re .'l . By the laivs pf s~vera,i of.the. slave-holcling ~tate.s, manupii tted_and other free' p~r.sons of colour, however respectable their ·characters, •may b~- arrested when ·in the prosecution of lawful business~ and if docji,mentary evidence ·o f their right to freedom .c;nriot be im~ediat ely produc~d ,by .them, they are thrown in.to prison, and adyertised .as runq,way sfave~. • ~hould no owner, as must .always be the case, unless injustice is-done, appear with-_ in a time -iimited by law for the p~rpcise~· the jailer is directed to dispose of them, .at pulilic a:hction, as unclaimeq, fugitive slaves, i~ order to ·der'i-:v~: fr~m the·' proceeds .~f .the sale,: the m~ans of clefrayiqg the exp_ense~ of t~eir detention in prison. Tile unrighteous doctrine of presump tion ftom colour, st~ps in I • , • • _,' ' �" 83 a~d consuinm.ates the iiriquity;and thefreeman ,an_d his posterity doo,med to hopeless bo·ndage . .,See ·2/Breva;d's Digest, 235,6-7; · Mi$sissippi Rev .. Code, 37~-7; Laws.~f Maryland,* ~r_e \ • . '· "' The laws of l\l_[aryland here referred to; having ex~ited much attentiop., .in ~onsequence ·o f t):ie arrest and impri~onment, in the -:District of Columbia; of a free black man,a citizen of .the state of New York,:named Gilbert Horton; 1 them' in this pl~ce. The....sixth section' of .th~ act' ..induced-to . ...,. tran;crib~ . ,, ,. ,. - ~f I l7l5, chap. 44~ reads thus: ·" And for the·better disi:overy_of runaways, it 1s hereby en~cted, &c. that a'Yf,1/ perscm_ w persrms whatsoever ,vithin this province, travelling out of the-county where he, she· o].{ they ~hall-reside' or live, witlwut . a pass u11der the seal .of the said_county, for ";hich -they ~·r e -to_pay ten potind~ oft_ob3:cco, ,or·one shi)ling in money, such person or persons,,ifapprel:_i.ended, not being su.ffici ~tly kriow,j, w able to fii~e a g~od' a"cc.ount of th'ems'elvfs; i{shall be left to ihe· diser~tiori and, j~dgment of such magistrate w magistrates befwe whom such per_son w..ppso~·afwestiid shall be bro!,ght; to Judge thereof, a~d if, be~ fore s':lch inagjs_trate, such persoD-br persons .s,o taken up, shall be deemed and taken as a. runaway, he, ,s.he or they, shall suffer _such ·fip.es and penalties as are . he_reby p~i>vided against~ni ways.' ' Jectio_n i. ':And f~i: thcc;·better encourage- ' ment of all person~ to seize arid take· up all ru'l:i.ways, &c. all a1id every such p.erson· o;,p~rsonq,s' af~re~aid, seizing'.or taking:up such ;l~liaW.l/-Y,S, tr~velling -without pll#es as~afwesaid, not 'being.able' to giv" a sufficient accpu11t ~f tliem: selves as aforesaid, s~ali' h~v.e_and receive two, hund,·ed pou_nds of tohacw, !' {by ~ct of 180(.i, • chap. 81; § 5, commuted for six d_ollars,) ""to be> ·p-aid by the -" •. ·•• . _. I owner of such runaway servant, ,negro or slave, so apprehended and·taken_up·; and"if 81.IC/t suspected rttnaiviiy W runaways -be 'n6t servants," and ' REFUSE .;ci PAY '!;HE sA>rE, he;_ -slie m; they-shall· MAKE s.i1;tsFACTION BY· s imvr.ru m i" on OTHER• WISE, as the justices of th_e provi~i;ial.artd coiq1ty courts, where such' person shall be .su apprehended ;md·taken 'up, shall think fit." ,Section 9. " -1~hat 'at ,wh.at~time soever, any 'of the .said pei-sons; r;maways; sliall' be seized by a~y p~rson or persons "1Vith1n this province; · such person 'or persons so apprehending or seizing the same, shall brihg or cause hiin, her ·ot them; t9 be brought before the next magistrate .or-justice of t!ie county ·where sucii. runaway.is appre, hen°ded, wh,o is hereby empowered to tak~ into•custody or·oth~rwise,-him, her·ot them; to secure and d~ose o_f, as he shiul think fit, until ,sµch person orpersons so sei~ed and apprehended, shall give go.qd•an'<;l·s)ljficient security to ·answer the -premises .the ne;_t , court that shall · first ensue in .the ;aid county, -i~liicl'l court ~hall _secure such p.erson or per~ons till he ·or :they '?an make sati;sfaction to the party that shall so apprehend' or,seize.sueh 'l"Uii'aways or other p.ersons, as by this act is requjreq, except-such person :;hall make sa~i~faction as aforesaid before such coµrt shall happen; and that notice may he conveniently giv:en to the n;iaster, mistress,, dame or overseer.of 1'\lnaways taken up,as afoJ"esaid, the ~ommissio"i,ers of' the cou~ties shall forthwith cause a note of the nniaway's name, so seized and apprehe,llded as Joresaid; to be set up at tlfe .heJJ:t adjacent county courts, and at the provincial :court and sej;reta:y's office, .that all, p er;. a~ I �84 act,nf 1715 ·(.llpril sessio1i)-chap: 44, §·6; 7 4· 9~cl of ~719 ) ( May sessfon) ,cliap. 2, . § 2~act of 1802 t)Vovembei session , _ • ch.' f)_6, § 2: _ \ \ I I / aqd_in whose sons m11y~view the same, an_d see where sush their servants are, ' . . . • , . custody.",\vhethe r The foregoing sections -~pply equally to .tlie ·c~ses of all persons of-the ,county tvliite or blaclt, \vl!o' may·be found ~ravelling witlwut passes, oi1t t~, may be magisfra a of n diseretio the at such, all .and are; es residenc their Where the same of ion last'sect But.the ent. subjecte d toimprisoriJ.Ilent and amercem spirit, of a the ~ith e ·yarian~ at er altogeth s~verity a witit iLbears, act, :,vhile as .to come within free governm ent, upon whites unhapp ily cu·cum_stat~ced so i{ by winch they provisio a es fntrod~c nts, enactm~ s previou the terms of the~ and mulatinay be restored 'to freedom, if entitled to be free; and yet negr.bes· or perperso~ any Whe;i ' '· relief: without left are 1•igltts, toes, wit!, the same without passes~ sons (except .1iegroes and mulattoes) shall be found travelli11g ai1y Justice of afaresaid, and shall be taken up as suspect ~1 runa~vays, ~nd by within this pros the pe_ace ·commit ted to the custody of any sheriff_or gaoler such person. vince, it shalf not be,Iawf urfor_any such.she rjff o~· ga~ler to·h~ld anytime w;ithin in custody kmger than six months; and -if such person can, at that he or she the· said si:i.. months, procure a certificate or other justification justices of the is no sei·vant; he or · she shall and may, by order of any two ed fro~ any furcounty where_such person is _committed to p1j.son, be discharg assigns, so many ther imprisonment, he irr she serving sucli slierijf or gaoler or hi8 otherwise payar gaiJkr, r sherijj-o ~ci, of _ cust,)dy in ·days as he, ~he ar· they wer£ IM.PRIS~ N)IEN:J, ing ten potmds of toba.cco per day to such sheriff or gaoler for THEIR ~ho. took up such :FE:s°s, and no more;· and paying_'.u.nto such:' person or,per~ons twenty day_ain·lfeu tlie:rri or lier IJ,im, seruing or , oftobacco pourids liu,ndred iwo person in prison after person such detai!1 shall gaoler thereof; and if any such sheriff or and paymen t rrionths, six of on expirau the or , af~resaid justice& the of such·order ' shall, he gaoler or ,sheriff suc11 d, of ten pounds_of tobacco per day as aforesai is obviit is,: law t):ris as us Iniquito . nment." impriso false of liahle"fo an action tty it. It offered, ous.~hat th_e ·object of the legislature could not ·be reached to give notice of indeed, a b<,mhty to the.sheriff oi; gao~_er, wJio, by -neglect ing iQlp!'isonment . the.imprisonment or.a su_spected runaway, might protra~t such wou~d not lif"e, for slave absolute an tliough . even , 'till the vaiue of his services on, the gaoler be equa.~ t.o the gaol fees. ,And yet witliout some further legislati '., or if a runaway hiinself·would, in case the Rerson detained was 'not a ·runawa) loss of such.ex~ the $uffer to m:ade be master, his ed.by demai1d be not should runaway iluri1ig d suspecte the of ce suste~an pe1;se _as might be incurred for the ' produce d probably gaoler, the to act the by QUt held lure The ment. his imprison it became and master; tl;te ,by stances the abandon'ment of the sla\'e in some;in its de(ects. supply to or act, the repeal to ;e iegislatm the for dre, y,-theref necessar _on the eighth ;J'he latter part of tp..e disjunctive was naturally ·prefen·ed; and; assembly reof act_ th,e by s Wherea •~ that , reciting after .1719, day' of jiine, �85 JII . • THJi: l;IENEFITS . 0}.' . EDUCATION · ARE WITHHE'LD . FROM TH,E SLAVE: or its benefits< In no c6un~ry is educatioq more highly. valued, • lating to servan);,s arid slll.ves, 1i]1yr_e is not ~ny provision made what sha~ be doni; with _sµs:h runa\Y'ay servants or slaves t~at now are or hereafter sh;ill or may be taken up an\! cgm_!Ritted to- the. custody of any sherlff within •this pi,ovince, where the mastfil" or O}Vrter of suc!J-,s.ervant QI ·s1;ve, -having due notice 'of such servant~s <;>r ~lav!l''s bein_g i9 the cu_stody'of'.such sµeriJt refuses Of delay&to redeem such servant q1· slav~, by paying their imprisonment.fees, and such othe; charge as has or may ac~rue for taking up such servant .or slave;" enacted, .·:' That, &c, ev~ry .sheriff th_at now hath, or hel'eafter ~hali b.--a".e, coi:iiri,iitted mto; his custoqy, _any runaway servants or s\aves, after one month's notice given t(? the master_01•.owner the1;eof, of theil; being . in his custody, }f living in this province, or two months'.·notice if living in !!,DY of ths neighbouring p;ovjnces, i:f sucJi master or owner. of such servants oi· slaves-do .f\Ot, appear' wiillin th~ time limited as aforesaid,.and .pay or Sj!Cure to be paid _all.such imprisonmeJ!t 1 fees due.to such ·sheriff from the time of the commitment of ·such servants"or ' sla;es, and also ·such other cli~rges as have a ccri1e9- or ~.ecome. due to any.pe1:~ • _son for taking up such runaway servants or slaves, sucli sheriff is he1:eby authorized and required {such-time.limit~d as afo;esaid, being expire~) immediately to ·give public notice to ;ill persons, by ,setting up notes iit the church an\! court-ho~se door_s of the ~ou;1ty where such ,sei·va~t o~ .~lave i~ in du;togy, of . the time and place for sale of such. ser.vants or slaves, by him to pe appoini<,d, • not less t\J.an t_en·days after such time liniiteci aforesaid being expired, and ~t such time and place by hin'i' appointed as aforesaid, to proceed to·sell and di!J)ose of mch servant or slap_e_to the fiighest bidµer, -and out of._ ~1e_money or tobacco which su_ch·servant"or slave is sold for,"to pay,hi7!'8-elj- all such IJ\lPRISONIIIEN·.r his just 4ue, for the time· he hl!515ept s~ch serva11t or-sl~ve 'in his TEES as are _ custody:, and afso to p"ay' such otJier-yharges, fee~ or rewru.;d as-has becomf) d4e to -~l),y-person for taking -uR such,rupa~v~y se;rvant ~r s!~ve, and after such· pay. il1ents ·made, if any i't;sidue shall remain of the_money or tob;tcco such servant or slave was sold for, such -~heriff shall only, IY~ accountabie· to the ··master 9r 1 owner of such s~rvant or sl~ve for such residue or remainder as aforesaid, and .. not otherwise." _Lp,ws of Maryland, act of17.i9, (Mr;; session,) cJ__tap. ·2._. -Upon the enact!fientofthish1w, t~e most~ppri'nciplfd sheriffshot!ld have been content. It became, indeed_,,110t only hi~ inted~t, b.ut the interest of' _all other pb-slYTIJI, to apprehend and_to com'!lit to prison coloured p ·e:rsons ~spefia.lly-for these might be detaj1,ed for a longer period than six months, whether.free 011 not; · the right of the-taker .up to his l;gai rew~rd and other charges' was secnr~d to hin1 lly a LIEN O'.N THE BODY 01' , THE PRISO.NE~, ana' the .sheriff or g;iolei: wa., •. indemnified in -the sa'T)rR. rnwn,ner·ag_ainst the, l~ss of his irnpr~onrne[l,t fees.-·· J\'lld by prolonging the -imprisonment until the.fees should be-swelletl' t~ n~a;rly tq.i: ma,;y· iqsta_n_ces, nu°g·ht ~e u~able value or:the prisoner,.if a~lave, t!1e: master, ase is ~uth?' Ul' unwilling·to redeem. bin,, and t.he' sheriff's _sale, ,v\1-ich ~n such c_ as ~n �.more generally diffused, than in the United States, The constitutions ~f n~arly·ali the i:,tates; make it the duty of the respec-' rized; cottld ~asily be turned fo·the account of some :favourite of that officer, and eventually, by collusio~, to his own pecuniary advantage. And should the W,SJ)ed.ed runaw.ay not be ·a slave, yet, in a land where, from 1lis colour, be is presumed to. be so, and wlrere oti}er~ like Mm are .daily "made merchandise of," the facility with which his imprisonment, .aided by the. provisions of this act, might be rendered profitable to .the sJi;eriff, would be greatly increased. But whatever may have been the true cause, the ,prevalence of,a, practiceon the part of sheriffs, of pro_longing the imprisonment of persons apprehifn,ded a.s runaways, is ev.idenced by an act ·of assembly:, passed the twenty-sedmd day of December, .1792, e~titled ".11,,i_act to ~"ftrain the ill pra4fce.s of sheriffs, ·and to direct their conduct respecting runaipays." .The act. sets .forth, . that '' Whereas it is represented to this gen.era! assembly~that the she.riffs of the, respectiv,e coup.ti; s have neglected to adve,;tise ruooways; to the great injui:y oj the ~ers; therefore, &c. That it be the duty of the several shei·iffs, &c,:' upon any runaway being committ\.;d _to their, CU§tody,. to cause the same to be advertised in ,some pub~ic newspaper. within twenty , days .after such commitment, : and to make particular and minute qescription of th!!·pe:rson, clothes,and bodily marks of such runaway." •' " And·if no person shall apply. for such runaway., within the sp~ce of thirty days from such commitm~nt,-then it shall be the duty .of such sheriff, if residing' on the Western Shore, to cause the runa~vay to be adyertised as Jieretofore directed, .ln the 111aryland .Joui•n·al and Georgetown . Weekly Leger; and, if residing on the Eastern Shore, 't o cause t4e same to be ~dvertised in . the Maryland Herald and Maryland Journal,. within sixty days , from such commitment, and to continue the .same .therein until the said runaway ls .r~leased by due course of .Jaw." Maryland's· Laws of 1'792, (November , session,) chap. 72! ·°Ip. that part of the District of Columbia which .was feded by the state of Maryland to the federal government, the whple of these laws are still in force. Shoi-tiy after the date .of the cession, however, the legisJature of Maryland repe~led the act of 1719j ch. 2, and the act of 17'.92; ch. 72, _supplying their pl;lce by'th!! following regulations, whi:ch, as it will be perceived, :µ-e in principk th_e same as the ·r epealed. acts. "That·it_shall be the !futy of tl:ie sheriffs {respectively) of the several counties of this state, &c. upon any runaway. servant or slave being committed to ,his custody, to cause the same to be advertised in •s~m~ public newspaper or P.apers printed 'in the city of Baltiipore, •the city of Washington; and the town of Easton, -a nd in such other public manner~ h~ shall think proper, w.i):hin fifteen days after such comi,nitmep.t, and to ma_k e parti.c ular and minute description !)f-the clothing, ,person and bodily marks of such · r unaway." "If.the owner or owners; or some person in ~ -s, he):"or their behalf, shall not ,apply ·for such l"l)llawa,y within the space 9f sixfy days from the time of advertising ~s aforesaid, and pay or secure to be paid a:II,such -Iegal costs and Gharges as have accrued by reason· of apprehen~ng, impris!ming and advertis.. 'ing such servant or s,iave,•it shall be' the duty of such .sheriff and he is her-eby �87 tive legislatures lo establish and ·support semin~rie_s for le~rning, adequate to .the wa:nts of t~e citizens. Commo,n·_ schoels are, req:uired arid directed to proceed .to sell such 8ervant or slave, and immediately i:o give );>Ubli<; notice by ·advertisements, to be set up at the -court-house door and such other public places' as he shall think proper, in the county where such servant or slave is in custody, _o f the\time and place for sale of sucji servant or slave, by him to ·be appointed, not less than twenty days after the time limited as aforesaid.has expired, and -at such time aml place ·shall proceed to sell and dispose of such' servant or slave to the highest bidder." Laws' of Maryland, of 1802, (Nooember sesswn,) chap. 96, § 1 f.! 2, (passed 8th of January, 1803.) • By recurring to the sections of the law. of 1715, aboye transcribed, it will be see1i that magistrates were empowered to decide, in_their discretion, whether the person a~prehended a runaway should be'deemed such, and-be- accordingly committed to prison. Whether suc_h power had been ~bused, or whether a pr<per exercise of it, had been found inconvenient to takers-up and ~heri.ffs, I will not presume to conjecture,-but , in 1810, (chpp. 63, §,1,) legislative inter' position was called into action in·the following extraordinary measure: "Any court or any judge or ju~tice,of tliis sta~e, \,efore whom any negro or mulatto shall be brought as a -runaway, shall be satisfied, by competent testimony, t):lat. the said negro cir mulatto is not a ninaway, ·before it shall be lawful for the said court, judge or justice·to.discharge the ·'Said ne~o 'or mulatto from the c~stody_ ·of the person <lr persoris detaining the said negro or mulatto as a runaway, otherwise than by a commitment . to the gaol .of the c?upty of· whic~ he is,a , . • judge or justice.'I • ... • . The' barbarous severity to coloured persons ,vhich pervades the whole pf , the laws,o~ ·Maryland on this subject, has at length been somewhat softenecj. by an act passed February third; 1818. It is in these words: "Hereafter, when any. servaT\t or slave'·shall be co1!1-mitted to the· gaol of any county in this- • • state, as a runaway, ag1·eeably' to , the laws now in force, and the notice re,.quired to be given by ·law by tlie sheriff .shal+ have been given, and the time -for their detention e:X:pired, and no perspn or pers0ps·shall have applied for and claimed said suspecfed runaway, and proved his, her or-their title to such "" suspected runaway,a;is now tequired by law, it shaJ.l ·be the duty of the sheriff forthwith to .carry such sf.ave or s!.aves' before some judge or'the _county court ~r judge of the orphans' ·court, ·w,j:h his c'omniitnient,. and 'Such judge -is her~by • required \ o examine and inquire, by such mefC/1.8 .as he may deem most advisable, whether such suspected runaway ·be ·a slave or not, and if he shall have .reason- , able grounds to believe that such suspecteil'runawlo/ is slave,'he may .remand· such susp~cted runaway to prison, 'to be confined for such ftµ'ther or additional tirrie as he may.judge right and°'proper; and ifhe shall have reason to believe that such suspected runaway is th~ slave of any.particular p erson, ·he, shall cause such notice to be -given by the sheriff-to such supposed ow,ner, as he m~y think most advisable; but ifsai"dju.dge shall not have rul.8onqlile groond to believe sueh ~ected ~'naway fo be ti ;!.ave, he shall furthwi.th urder su.ch $U,SfJeded runaway to ·be re_leiued; • and' if no person·· shaU ·applyfor such ·suspected runacway after_ as a �. : 88 also, provided "for the education of the poor gratis.'! In sevee ral, perhaps in all of the free states, no distinction is made in the distribution of: the public bou11ty towards. this object, between white and coloured children; but sc~ools_are ·constantly ~naintained for the reception and instruction of poor children of • • every class and complexion. A different policy b~gan very early in -the slave-holding states'In none of these do the laws interpose to afford any aid or facility for the acquisition of learning t9 persons of colour, whether. slaves or freemen. On the contrary, the e~tracts which I shall make from the laws of these latter states, will satisfactorily de- • monstrate the truth of tl1e proposition at· the head of thi~ s~ction, namely, that the bepefits of education are withheld from the slave-and, I might add; from the free negro also 0 ( _ ~out~ Carolin~ nia~ la! claim to the _earliest mov~ment in legislation on this sub3ect. In 1740, while yet a provmce, spe· enacted this law: ''Whereas . the having of slaves taught to, write~ -or suffering them to be employed in writing, may be at- , \ended w~th great inconveniences, Be it enacted, That all and every person and perso_ns whatsoever, who shall hereafter teach or cause any slave or slaves to. be t_aught to , write, or shall use, \: ~r employ any .slave as scribe ii:\ any manner of writing what1 ) soever hereafter taught . to write, eyery such person or persons shall, for every such offence, forfeit the sum of one hundred pounds current mo.riey. '' 2 Brevq_rd' s Digest, ·2 43; similar'\ n • Georgia,' by act of 1770, except' as to the penalty, -'Yhich is. • twenty pounds sterling. Prince's :Digest, 455. • Virginia has •attain~d the same end, though in a· less dfrect manner; Her Revised Code of 1819, reiterates an enactment, That all meetings or assemblag.es of slaves or f.~ee negroes cir., mulattoes mixing and associating wi.t h such slayes at -any meeting ho~s~, or house's, ·or a~y other .-place, ·&c. in th~ night, or .a t a " r . ' ' \ , \. lie may fie so remande·d, within the time for which he may' be rem:in.d ed, and prove his, her or their title a,s the law now· requires, lhe said sheriff sl,,all, at the e:>;piration of such fime,-relieve.and discliarge sucli _suspected runa,uay; and in .e ither case, when such suspected runaway ··shall be discharged, the expense of keeping such runaway in confinement -slialZ-be ldned ~ the county, as other county expenses are now, levied," Laws of Maryl,and, December session of 1811, cltap. 112, § 6. �89 . ( ~ny -scl~~~ror schools for te"a~!iing Niem reading or writing , either in the d.._ay or night; under whatsoever pretext~ sha:lI_-be,_ :?eemed •and considered ·an unlawfurassembly; a~d _any Justi~: I 'of.a county, &c. wherein such assemblage sh~ll be, e~ther tr1?1Ji • , his (_)WU kti0wledge or the information o.f°others, of such iml:aW:. ful_ assemblage, &c. niay issue his warrant directetl to any swoiri. afficer,or officers, authorizing him or them to 'enter the house or' . houses where SJch u_nlawfyl assemblages, &~. )!lay be, for;the purpose of apprehending or dispersing such slaves, and to inflict corporaipunishmenl on the offender qr offenders at the discre. tion _of'. any justice of .the ,peace, not exceeding twenty lashes/' l Rev: Code, 424i5: • • ~ • ' "' • So in South' Carolina, in addition to the hi.ghlype.nal ristFaint upon the education of :1. slave, cont~in~d in the Jaw already,citecl,. an -act of assembly was passed in .1800, enacting, "That assem~ 'blies of _slave~; free ·negroes, mulattoes and mestizoes, whethe~ -, .~ • ·composed"of ali or an.y of such description of persons, or.'of all · or any of the same and· of a proportion of 'white: persqns, niet together for the purpose of mental instrur:tion in a·confinea • secret place, &c. &c. is (are) declared.to be an unlawful meeting; and magistrates, &c,. &c . . are hereby required, &c. to enter into such confined places, &c. &c. to break doors, &c. if resisted, anu to .disperse such slaves, free neg:r;oes, &c. &c. and the officers "i:ifspersing such unlawful ;sseniblag~, mfty inflict su~h corporal ,. punishment, not exceeding twenty _lashes, .upo;, s~ch slaves, free negroes, ~c. as they may judge nec1ssary fqr_DETER~ING • or THEM FROM THE LIKE UNLAWFUL A.SSEMBLAGE IN . FUT.URE." • .••i Brevar_d's /)igest, 254. Ancl another sectio~ of the 's ame act declares, "That it shall ·not be lawfi,il-for any number: of sl~veS:, • free, n; groes, nmlattoes · or niestizoes, ,e·ven in company w-{tli white persons, · to. meet togethe~ for tlie purp~se-of m_ental in:.: struct_ion, either before the . rising of the Sllll _qr after the going :•down of the same." z Brev~rd's IJig~st; 254-5. . . - -· . , Buf besides acts of assembly, which :i1~ gen~r;i.l'-apply-''ta,th.e whole territory of the p,articular stat e~ many of· the tow~s and cities are invested with authority, to make ordinances whic~ h ave- the for~e-of law within .their ~peetive corporate ·limits. T h~s'e ordinances seldom meet the eye of.the inhabitants of other 12 �/ 90 states; I find, however, in the Rort Folio for, .flpril, 1818,. , . page 325, a brief notice of one, having relation to the subject in _hand, adopted by the councils of the city of Savannah, in Georgia. Probably the edito;r of the Port Folio copied the language of a Savannah paper, and I shall therefore transfer it without 'altera~ • tion. " The city has p~ssed an ordinance, by which any person that teaches any person of colour, slave or free, to readorwri te, or causes such persons to be so taught, is subjected to a fine of t!Jirty doll1u:s for each o~ence; and every person of colour who ihall keep _a school to teach reading or writing is subject to a fine 1 of •thirty dollars, or to be imprisoned ten days and ,whipped I •thirty-nine lashes!!!" This ordinance~ it ·will be perceived, , extends its proliibitiol)s beyond th~ law of the' state, inasmuch as it place~ under the ban, reµding as well as 'writing, '.1nd. embrace_s not the ~ase of the slave mere] y, . but also t~at of the free • negro. · • • With such legislative obstacles ·to his mental improvement, it oughtto excite· no surprise, if a sl~ve having the ability to read _ or write, could not be found within a slave-holding state. But apa'rt from these obstacles of law, the conaition of slavery is . · such,' that a slave c~pable of reading, must be, in mo;t of the·, . ·. states,. a prodigy, indeed. His life is ordinarily passed in inces1 • sant toi~. The laws, as I have already shown, secure to him no • • portion of time in which he may employ himself at his pleasure. ·He is awaked from his slumbers, at the call of his master, often before the ·dawn of day-he continues his heartless labour, with ·but slight intermissions fo; rest and' food, till ~ight has closea' -around him'. Hard-work ed, and scantily fed, his bodily ener·gies are exhausted -\vithout an instru~ter ~nd without books, (for he has not · the means to procure them,) he must of neces- i si~y remaiii for' ever -i,gnorant of the benefits of e~ucation. . • FOR MORAL AND RE!,IGrnus ~NSTRUCT rnk fRE NOT GRANTED TO THE 'SLAVE; ON THE _ CONTRARY , TH:F? ,EFFORTS OF THE ,HUMANE AN~ CHAlUT ABLE TO SUPPLY THESE ' ' ,, WANTS ARE DISCOUNTE NANCED BY LAW: IV. TaE· l,\IEANS . ··~ One of the plain dictates of the Christian religion, is .a regard largely It, is, indeedi of our fellow creature;. th~ well-being for . ,. .. . ~ �91 , ,- , -•, , . - • - • - . , ' • I ' insisted upon as a duty, both· in ·the Old and New .Testall)~qt. • No believe; in the Ch~istian.religiori-Can· doubt;. that tlie know-.· , ledge -~f its precepts and promises will p •ote the: happiness ' both here and here.after or.'ev_!')ry accountable f ture; nor wiH such a one deny, that a negro, though a :slave, 1s'. a member of • •the human f;milY::-is e~dowed' with i-eason:_has a ;oul which • is immortal, and must be deemed accountable unto GQD, ';for . •'~he deeds done inthe body." -How can such iL belief be i;econci\ed ·:with a p-ractii!e which·forbids to the slave access to' .the, gosp~l; • ·· which, as far ~s the master's p~wer, so to do, extends, shuts _out f~om him the knowl,edge of the means _of his salvation; • : It has been shown; .in the last chaptei·, that one oL the. means to ·which allusion is-here mad_e, nameiy, .wentp! insti:twtion; is • in general entirely withheld from the slave: : He cannot- be ex~ . ' • •• p~cted, therefore, to learn the scriptures, e~cept 'as' an miditor. And yet i-q none of th'e slave-holding states are any _f~cilities · ,afforded .fol; this purpose. No tim,e is secured to th~ slave· by. la,w; no place provided where he can asse~ble with his fellows; • to hear '_' the glad tidings uf salvation" preached. . 1 ' • It is idle to talk of accomp·a nying · his :mastE;r to chui:ch- i,· _· such_ a specta~l~, I apprehend, is rare}y exh~bite~, .exceptfor the · • : .special convenience of the .master. The paucity of places for . worship, in the slav~-holding states, comp~red with the numbe.r . •of w'h ite inq.~bitants, pre✓ents the exe~cise of this , privilege· ~o · an extent; at all commensurate•with the re1igious want~·: of the' slaves. •• ' ·• " .• • • •• • ' . : ' ' • .. Besides~ i_f ~o other 'impediment existed, ~~e rude .mind oJ the ;slave pould not comprehend a discourse de~igned for the refined taste and enl~rged capacity of the rp.aster. Cljristianity' dema~d_s . that these _unf~rtunate bei~gs shouJd be faught to ~ea9--that buiJd~ ' ings should be et e~ted for their assembling together.to worship • their Creator-that teachers who ·are'.willing and qualified to ad• : minister.to their spiritual necessities, should be encouraged to 1dedicate their time · and their talents to the ·pious service-that .r,~st. should be ~llowed to the slave at the seasons ustfally:allotted .. amon'g Christians fo:r. religious worship, and e~ecially that laws sliould be made and renforced to prevent the exacti,on ~f labour c �92 a from the slave to such degree, that his senses are overpo\.vere·a by sleep, the moment his body ceases to be active. * '(f the practice of the slave-holding states is in accordance with the laws, the reverse of this picture will, it is believed, be fou:nd true in mo~t respects. In a law enacted by the state ·of ,Georgia, De~mber 13, 1792, with the title "To protect religious s~es ·in the exercise of their religious duties," it is r.e,. quired of every justice of the peace, &c. and every civil officer of a county being present, &c. &c. to ta~e into custody any per:. son ·who sliall interrilpt or disturb a congregation of white persons assembled at any church, &c. and to-impose a fine on the 'offender, and in default of payment, he may be imprisoned, &c. &c.; ·yet the same law concludes in these words-" no congre:. gation or company of negroes shall, under pretence of divine worship, assemble themselves contrary to the act regulating patrols." Prince's Digest, 342. I ha v_e not been· able to discover tlie law here referred to ·as the det regulating patrols, but the ·editor of the Digest, whom I presume to be fully competent to resolve the diffieulty, quotes the seventh section of an act passed May ·10, 1770, "for ordering and governing slaves, • &c." as-that intended to be designated 'by the legislature. This section begins with ,a recital, " Whereas the frequent nieeting, &~: of slaves under the pretence ·of feasting may be attended with dange_rous· consequences," and proceeds to enact, "That it shall be fawful for every justice of the peace, &c. upon .his . own ki1owledge or information received, either to go in person, ~. • ' " Mr: Jefferspn, in his Notes on Virginia, speaking of slaves, makes the following remarks: "In general, their existence appears to participate more qf ·sensation than reflection. To this must be ascribed their disposition to sleep abstracted from their diversions and unemployed in labour. An anim;l ···when • ·whose body is at rest and who does not reflect, must be disposed to sleep of _comse." .See .!l.nswer to Query 14. I do not dissent from this doctrine. It is philosophically ·true, But with the accurate knowledge,which Mr. Jefferson • possessed as to the actual condition of the slave, it seems strange, that he should have omitted to include as a reason why the slave, when "abstractedfrom his diversions and unemployed in labour," should be disposed to sleep, , th~ 'fatigue induced by the-severity of his labopr. The disposition to sleep ,.which is thus indicated as characteristic of the black, is equally observable, as • • I all! able t~ ascertain, amon&' tlte labouring.claJis of whites. :r~ as �pr by warrant, &c. directed to any constable, &c. to comro:-an~ to their assistance any number of persons as (which) they shall see convenient, to disperse ANY assembly or meeting of slaves • which may distur~ the peace or endanger the safety of his majesty's subjects, and every slave which shall be found and takei1 at such, meeting as aforesaid, ·shall and may by ci~der pf such justice, imme'diately be correct_ed WITHOUT TRIAL, by t·ecei''!_in§ on the ba~e ·back tJJlenty-five stripes with awhip, ~itr;h or c_ow_- . skin,"* &c.. Prince.,s Digest, 4-4 7. The terms of this prohibition .in relat1on to the meeting of slav~or divine w_orship, are, -~t must be admitted, not a little enigmatical; yet, with the aid of . the twenty-five lashes of the cowskin, the ~ost stupid negro will be rendered apt enough to co~prehend their meaning._· • _ Ih South· Carolina, by a section already in part extracted, a prohibition though not absolute in its terms, yet in eff~~t, I suspect, it must have been nearly so, was made in 1800. The section reads thus: "It shall .not be lawful for any number of -slaves, free negroes, mulattoes or mestizoes1 even in company . with white persons, to meet together and assemble for the pur. pose of mental instruction or religious worship, either befqre ,·the rising of the sun or after the going down of the sa.me. Aml • all ~agist;ates, sheriffs, militia officer~, &c. &c. are hereby ·vested with power, &c. for dispersing such assemblies," &c. 2 Brevard's Digest, 254-5. Three years afterwards, upon the petition, · as the act recite_s, of certain rel,igious societies, the rigour. or-the act of 1800 was slightly abated by a modification, which forbids a11y person, before nine o'clock in the evening;· " to break into a place of meeting, wherein shall be assembled the memh~rs of any religious society of this state, provided a majority ·of them shall be white persons, or otherwise to dis J 1 • And while in Georgia slaves are· thl!s discouraged from assembling together for the purpose of divine worship, the same state, in a spirit which I by ·110 means condemn,. has adopted the following as a standing rule for the government of the pe:nitentiary. "It shall be the duty of the keeper, &c. to furnish them (i.e. the convicts) with such moral and religious books as shall be recom. :mended 'by the inspectors-to procure the performance'of divine service on ~Sundays, as often as may be.''. &e rule 13th far llU! internal government of the !'mitentiary of Gemgia. Prince'a Digeat, 386-7, �94 I turh their devotion, unless such person, &c. so e11tering the said place (of worship) shall have first obtained from some magistrate ·appointed to keep the peace, &~. a warrant, &c. -in case a magistrate shall be then actually within the distance of three miles " from such place of meeting, otherwise the provisions, &c. (of th~ •act of isoo, above cited-) to remain in fu}l force." 2 Brevard' s IJigest, 261. If this latter act yields to the slave a privilege · •in assembling for divine worship beyond what he possessed before, it must consist, it appears to me, chiefly in pre venting in·terrup.tions by p~rsoris, -who, acting from a sense· of official obligation, might deem themselves compelled, by the provisions _o f the former act, to hunt out and disperse the congregations of 'negro worshippers wherever they might be'found. For it must. happen, I apprehend, very frequently, that the quorum of white .persons · cannot, with much certainty, be depended upon. And, .in suQh case, the poor slave, disappointed in his expecta.tions of the quorum, will be at once subjected to the terrible ·penalty of the twenty-five lashes of the· cowskin on his bare .back, well laid on!,! • In Virginia, it will be remembered, that "alf meetings; &c. of slaves, ft~e negroes ana mulattoes mixing, &c. with such slaves at any meeting house, •&c. or any other place, &c. in the night, underany pretext whatsoever, are declared to be unlawful assemblies,' and the civil power may disperse the same, and inflict corporal p~nishment on the offenders."' Slaves may, however, ~ttend at ·church on any day of.public worship. Mississippi has adopted the law of Virginia, with a proviso;· that the master or overseer of a ·slave may, in writing, grant him permission to attend a place of religious worship, at which -the minister may be white · and regularly ordained or licensed, or, at least, two discreet and reputable white·persons appointed · by some regular church or r~ligious society, shall attend. Mis-, . • sissippi Rev. Code, 390. 1 • . An opinion seems, at one.period, tQ have obtained in many of the states, that by consenting to the ,baptism of his slave, · .''.tlie master virtually enfranchised him. To remove the pretext ' which was thus furnished, for withholding the administration of a-rite so commonly pi:actised among christians, t)ieJollowing 1 ·. . .' , . ,; ' ·, �95 I ,. ,. brief section was enacted in Marylaiid. "Forasmuch,as any people have neglected to baptize thefr negroes, or ,s uffer th to he baptized, on a vain apprehension .that _negroes by·receiving the sacrament of baptism, are manumitted and set fre~, . Be it enacted, o/C, That no negro or negroes, byreceiving , the ho~y sacr:ime~t of baptism, is thereby_~anu mitted or set _free, nor hath any right or title t~ freedom or manumission, ) more thap, he or they had befor~, any law, usage , ~r custom to the contrary notwithstanding. .!let oJ 1715, chap. 44, § 23. So in the year 1711, ·the· legislature Qf South Carolina, deemed a similar act ne.cessary.. • "Since," according to the language '. of ·the preamble, "charity and the christian religion which we profess, oblige us to wish well to the souls of all men;- and that religion may not be made a pretence to alter any man's proper.:._ ty and right, and that no persons may neglect-to baptize their negroes or slaves, or suffer them to be baptized, for fear that . ·thereby they should be manumitted and set free, Be it, Sy-c. · ' ) . enacted, That it shall be, and is hereby declared lawful, for what_ slaves •or sla\ie _ r othe' any or slave, Indian or negro, any soever, to receive and profess the (!hristian religion, and be thereunto baptized.". 2 Brevard's Digest, 229. The section , then provides, that SIJCh profession of religion and submission to baptism, shall not be construed to effect an emancipation of , • any slave, &c. * J • Tbe doubts which gave rise to these laws of Maryland, · and South Caro! Jina, probably originated ~ two judicial investigatio.n nvhich had occ~rred in England, a short time previously. The first of these, is reported in 3 Modern Reports, 120-1. (A. D. 1686-7) and is there thus s~ted: " Sir Thomas Grantham bought a monster i'n the Indies, which· was a man of that country, , who had the perfect shape of a child growing out of his, breast, as an excre_s, cency, all but the head. This man he brought hither, (i.e. t9 England) aud exposed to the sight.of the people for profit. . The Indian turns , Christia~ • and·was baptized, and was detained from · hls master, ·who brought a homine replegiando, (i. e. writ by which.his title to retain the man as property might be legall! tested-) The sheriff returned; that he had rep!evied the body, , &c·.: .B.nd then the Court of Common Pleas, BAILED HIM." How-the case was ultimately disposed of, does not appear, but the procee,d ing eve}\ thus far,. wa,_s calculated to ex~ite a fear, lest the profession of Christianity. and the administration of baptism, might be ·decided to entitle the ,slave to.the pijvileges. ' .1. ' ' of.a free man. a �I know of no-exeeption to the general: bearing of the forego-, _ing laws·il,nd observations, unl~ss 'the following concise enact~ ment of the tegislature of Louisiana, may be thought to form one, "If slfall be the duty of every owner, to procure to his-. siek slaves, all .kinds of temporal and spiritual assistance which , tlieir situation may r~quire." l Martin's Digest, 610. Giving 'to this provision, the most favourable interpretation, it is but a kind of death-bed charity. V. SuBMISS!Olli IS REQUIR]!JD · OF THE SLAVE NO'.f • TO THE • In 1696, The ·question, whether the: baptism of a negro slave, WI_THOUT TllE emancipated the slave, underwent an elaborate discussion, before the judges of the King's Bench. Owing to a ~isconception of .the form of the action, a final decision was not given, and the plaintiff, being, of course, unsuccessful on that occasion, the doubts which had resulted from the former case, were ·strengthened rather than impaired. • The-arguments of the counsel for the defendant, are sufficiently curious to deserve transcription: "Being baptized, according to the use of the church, he (the slave) is thereby made a christian, and christianity is inconsistent with slavery. And this was allowed even in the time when the Popish religion was established, as appears by Littleton, for in those days, if a villain, had entered into,religion, and was professed, as they called it, the lord could not seiz? him; and the reason there given is, because he was dead in law, and if the .ford might take him out of his cloister, then he could not live accord•ing to1 his•religion. The like re3:son may now be given for baptism, being in- · corporated into ,the laws of the land; if the duties which arise thereby cannot - be performed in a state of servitude, the baptism must be a manumission. That such duties cannot be performed, is plain, for the. persons baptized are to be confirmed by the diocesan, when they can give an account of their faith, and are enjoined by several acts ofRarliament, to come to church. But .if the lord hath still an absolute property over him, then he might send him far enoug~ from the performance of those duties, viz. into Turkey, or . any other country of infidels, where they neither can 01· will be suffered to exercise the .Christian religion;" In conclusion, the counsel remarks, "It is obse.eved among the Turks, that they do not make slaves of those of their own . religion, though taken in war; and if a Christian be so taken, yet ifhe renounce Christianity and turn Mahometan, he rloth ther.eby obtain hiifreedom. Ana if this be a custom, allowed among.infidels, then baptism, in a christian nation, as this is, should -be an immediate enfranchisement t0 them, ,as ,fuey should thereby acquire .the privileges~and-immunities enjoyed by those of the_same religion, 'and-be-entitled to the.laws of England." $ee 5 Modern Repor.ts, 19.0, • 1. , Chamlierlfn:e vs. Hervey_,· • • , .., rRIVITY OR CONSENT pF HIS MASTER, �97 .• WILL OF BIS MASTER ONLY, BUT TO THE WILL OF ALL OTHER WHITE PERSONS. While the institution of slavery exists, every thing like resistance to the master's lawful authority should be decisively checked. Strict•subordination must be exacted from the slave, or bloodshed and murders will unavoidably ensue. The laws of the slave-holding states demand, however, a much larger concession of power to the master, than is here granted-they demand that the life of the slave shall be in the master's keep- , ing-that the slave having the physical ability to avoid the infliction of a barbarous and vindictive punishment by his master, shall not be permitted to do so. They go indeed, even beyond this-they place the slave under the like restriction, in relation to everyJ white person, without discrimination as to character, and with but little consideration as to motives. Thus it is enacted in Georgia-" If any slave shall presume to strike any whit~ person, such slave, upon trial and conviction before the justice I or justices, according to the directions of this act, shall for the first offen.ce, suffer such punishment as the said justice· or justices shall, in his or their discretion think fit, not extending to , ' life or limb; and for the second offence, suffer DEATH."-::,_ . Prince's IJigest, 450. The law of South Carolina, 2 Brevard's IJigest, 235, is in the same words, except that death is not made the punishment of the second, but of.. the •third offence. In both of these states, a proviso is annexed to this law, which shows plainly, that however wanton, or dangerous may be the attack upon the slave, he is still compelled to·submit. "Provided always, that such striking, &c., be not done by the command, and in the defence of the person or prope1·ty of the OWNER, OR OTHER PERSON having the care and government of such slave, in which case, the slave shall be lvholly excused, and the owner or other person, &c., shall be answerable as if the act had been committed by himself." In Maryland, act of 1723, ch<Jp. xv. § 4, a justice of the peace, for this offence, may direct the offender's ears to be cropt-and this, though he be a free blaclc. • In Kentucky, the same general principle is recognized, though enforced by penalties much less severe; yet there, as in Maryland, free coloured ! 13 ,,. 4 �98 persons are included. " If any negro, mulatto, or Indian, bond or free, shall at any time, lift his or her hand, in opposition to any person, not' being a negro, mulatto, or Indian, he or she so offending, shall for every such offence, proved by the oath of the party, before a justice of the peace o( the county where such offence shall be committed, receive thirty lashes on his or her bare back, well laid on, by order of such justice." 2 Litt. and Swi. Digest, 1153. Nearly similar to this law of -Kentucky , was that of Virginia, from the year 1680, to the year 1792, at which latter date, the following exception was added, "except in those cases where it shall appear to such justice, that such negro or mulatto, was wantonly assaulted, and lifted his or her hand in his or her defence." 1 Rev. Code, 426-7. There is a section of a law in Louisiana, which, though_ in terms, applying to free persons of colour only, may be propel"ly cited to evidence the sentiments which are entertainThe gravity with which the ed there on this subject. declared, will of itself, exis strange principle it asserts, not altogether congruous though cuse its introduction here, with the main object of this sketch.-" Free people of colour ought never to insult or strike white people, nor presume to conceive themselves equal to the whites; but on the contrary, they ought to yield to_the_m.an--every occasion,-and never speak or ·answer them, but with respect, under the penalty of imprisonment, according to the nature of the offence." 1 Martin's Digest, 640-42. My chief objection to these laws, is, that they furnish a pretext, and may I not say, an induceme nt to an ignoble mind, to oppress and to tyrannise over the defenceless slave. He must patiently endure every species of personal injury, which. a white person, however brutal and ferocious his disposition,-be he a drunkard, or even a 'maniac,- may choose to offer. Several of the slave-holding states have adopted laws, • which ' are highly objectionable for- the reason just given. The .subjoined may be taken as a specimen: "If any slave ~hall -happen to be slain for refusing to surrender him or herself, �contrary to law, or in unlawful resisting any officer or other person, who shall apprehend or endeavour to apprehend, such slave or slaves, &c., such officer or othe1· person so killing such slave as aforesaid, making resistance, shall be, and he is by this act, indemnified from any prosecutiou for such killing · aforesaid, &c." Maryland Laws, act of 1751, chap. xiv. § 9. l}-nd by the negro act of 1740, of South Carolina, it is de-1 clared, "if any slave, who shall be out of the house or planta.. tion where such slave shall live, or shall be usually employed, or without some white person in company with such slave, shall refuse to submit to undergo the examination of any white person, it shall be lawful for any such white person to pursue, ap~prehend and moderately correct such slave; and if such slave shall assault and strike such white person, such slave may be lawfully killed!!" VI. 2 Brevard's Digest, 231. THE PENAL CODES OF THE SLAVE-HOLDING STATES BEAR MUCH MORE SEVERELY UPON SLAVES, THAN UPON WHITE PERSONS. A being, ignorant of letters, unenlightened by religion, and deriving but little instruction from good example, cannot be supposed to have right conceptions as to the nature and extent of moral or political obligations. This remark with but a slight qualification, is applicable to the condition of the slave. It has been just shown, that the benefits of education are not conferred upon him, while his chance of acquiring -a knowledge of the precepts of the gospel is so remote, as scarcely to be appreciated. He may be regarded, therefore, as almost without the capacity to comprehend the force of laws, and, on this account, such as are designed for his government should be recommended by their simplicity and mildness. His condition suggests another motive for tenderness oi;i his behalf in these particulars. He is unable to read, and holding little or no communication with those who are better informed than himself; how is he to become acquainted with the fact, that a law for his observance has been made~ To exact obedience to a law which,has not been promulgated,-which is unknown to the subject of it-has ever been deemed, most unjust �100 and tyrannical. The reign of Caligula, were it obnoxious to no other reproach than this, would never cease to be remembered with abhorrence. •The lawgivers of the slave-holding states, seem, in the formation of their penal codes, to have been uninfluenced by these claims of the slave, upon their compassionate consideration. The · hardened convict moves their sympathy, and is to be taught the laws before he is expected to obey them;* yet, the guiltless slave, IS SUBJECTED TO AN EX'l'ENSIVE • SYSTEM OF CRUEL ENACTMENTS, OF NO PART OF WHICH, PROBABLY, HAS HE EVER HEARD. , Parts of this system apply to the slave exclusively, and for every infraction .a large retribution is demanded-whi le with respect to offences for which whites as well as slaves, are ame: nable, punishments of much greater severity m·e inflicted itpon the latter than upon the former. , With · very few exceptions, the penal laws, to which slaves only are subject, relate not to violations of the moral or divine} laws;-positive institution, is their only sanction. Thus, if a slave is found beyond the limits of the town in which he lives, or off the plantation where he is usually employed, without the company of a white person, or without the written permission of his master, employer, &c., any person may apprehend him and punish him, with whipping on the bare back, not exeeed;-)ng twenty, lashes." 2 Brevard's Dig. 231. Prince's Dig. 447. In Mississippi, a similar punishment, by direction of a justice pf the peace. Mississippi Rev. Code, 371. So, also, in Virginia, and Kentucky, at the discretion of the justice, both as to the imposition of the punishment, and the number of stripes.I Virg. Rev. Code, 422. 2 Litt. and Swi. Dig. 1150, and see 2 Missouri Laws, 741, •§ 2, and ibid, 614. "' "It shall be the duty of the keeper (i. e. of the Penitentiary,) on the receipt of each prisoner, to read to him or h{:r, such parts of the penal laws of this state, as impose penalties for escape, and to ,make all the prisoners in the penitentiary acquainted with the same. It shall also be his duty, on the discharge of such prisoner, to read to him or her, such parts of the said laws as im pose additimial punishments for the repetition of offences." Rule 12th, for the internal government of the Penitentiary of Georgia-'-sec. xxvi. of the Penitentiary act of 1816. .Prince's Digest, 386. �101 And if a slave shall be out of the house, &c. or off the plantation, &c. of his master, &c. without some white person in ( company, &c. and shall refuse to submit to an exa1:1ination of any white person, o/C-, such white person may apprehend and moderatel y correct him, and if he shall assault and strike such white person, he may be lawfully killed. 2 Brev. Dig. 231. Prince's Dig. 447, § 5, act of 1770, and page 348, No. 43, • title, Penal laws. If a slave shall presume to come upon the plantation of any person, without leave in writing from his master, employer, ~c. not being sent on lawful business, the owner of the plantation may inflict ten lashes for every such offence. 1 Virg. Rev. Code, 422-3. Mississipp i Rev. Code, 371. 2 Litt. and Swi. Dig. 1150. 2 Missouri Laws, 741, § 3. and see Maryland laws, act of 1723. chap. 15, § 1 and 5,. It shall be lawful for any person who shall see more than • seven men slaves, without some white person with them, trayelling or assembled together, in any high road, to apprehend such slaves, and to inflict a whipping, on each of them, not exceeding twenty lashes a piece.* 2 Brev. Dig. 243. Prince's· Dig. 454. In Delaware, more than six men slaves meeting " It is with extreme regret, I have been apprized by the newsp_apers, that this law has been recently introduced into the Floridas, by our territorial government there. The humanity which the Spaniards manifest towards their slaves, rendered such a measure unnecessary during the many years in which these provinces were under their dominion. Scarcely is the power of our republic recognized there by the free, when a more galling oppression proclaims its existence to the slave. Well, indeed, might even the inhabitant of our slave-holding states, blush with shame, when a sense of justice wrung from him the humbling confession which he thus recorded: "The indulgent treatment of their slaves, by which the Spaniards are so honourably distinguished, and the ample and humane code of la~s which they have enacted, ·· and also enf(f/"ce, for the protection of the blacks, both bond and free, occasioned many of the Indian slaves (i.e. of East Florida,) who were ;tpprehensive of falling into the power of the Americans, (i. e. citizens of the United States,) and also most of the free p eople of colour who resided in St. Angus.tine, to transport themselves to Havanna, as soon as they heard of t!,,e approach of tl,,e .11.merican authorities." See "Notices of East Plmida, wit!,, an -accoimt of t!,,e Seminole nation of Indians, by a recent traveller in t!,,e Province," page 42. From the tenor of many of his remarks, the writer is evidently an inhabitant of one of our slave-holding states. I, \ ... • • �102 . together, not belonging to one master, unless on lawful business of their owners, may be whipped to the extent of twentyone lashes, each. Delaww·e Laws, 104. If a slave or Indian shall take away or let loose, any boat or canoe from a landing or other place where the owner may have made the same fa.st, for the jh-st offence he shall receive thirtyi;iine lashes on the bare back, and for the second offence shall iorfeit and have cit! offfrom his head ONE EAR.* 2 Brev. Dig. 228. So, as to the first offence, in North Carolina and Tennessee. :Haywood's Manual, 78, act of 1741, chap. 13. For keeping or carrying a gun, or powder, or shot, or a club, or other weapon whatsoever, offensive or defensive, a slave incurs, for each .offence, thirty-nine lashes, by order of a justice of the peace. 2 Litt. o/ Swi. 1150; l Virg. Rev. Code, 423; 2 Missouri Laws, 741, § 4; and in North Carolina and Tennessee, twenty' lashes, by the nearest constable, without a conviction by the justice. Haywood's Manual, 521. For having any article of property for sale, without a ticket of permission from his master, particularly specifying the • same, and authorizing it to be sold by the slave, ten lashes, by order of the captain of the patrollers, 2 Litt. 4- Swi. 981; and if the slave be taken before a magistrate, thirty-nine lashes may be ordered. Ibid. So, in North Carolina and Tennessee, Haywood's Manual, 529; and see Mississippi Rev. Code, 390. A slave being at an unlawful assembly, t the captain of pa• To take away a canoe, &c. for the temporary accommodation of the taker, with the intention of returning it again in a few minutes, is a very common practice in countries, (such as South Carolina was, at the date of this law, i.e. 1695-6,) where, from the paucity or poverty of the inhabitants, few bridges have been erected. The offence, however, of the poor slave or Indian would be consummated even though the owner should not make the discovery, and of course suffer no inconvenience, till after the canoe, &c. had been returned. t The augmentation of crimes, under the name of unlawful assemblies, is a favourite measure of despotic governments for the suppression of liberal principles. In this country, the experiment has never been tried by statutory provisions, except in reference to the black population. The reader will recollect, th;._t in ' the chapter treating of education and religious privilege;;, several · acts of the slave-holding states wel'e given, in which these unlawful assembne.1 were spoken of. A complete enum~1·ation of the c1'imes thu.~ created (for all �103 trollers may inflict ten lashes upon him. 2 Litt. q~ Swi. 981; 2 Musou ri Laws, 741, § 2, and ibid, 614. If taken before a magistrate, he may direct thirty-nine lashes. 2 Litt. ~ Swi. 981. For travelling by himself from his master' s land to any other place, . unless by the most usual and accustomed road, the owner of the land on which such slave may be found is authorized to inflict forty lashes upon him. Haywo od's Manua l, 518, (act of 1729.) For travelling in the night, without a pass, forty lashes, ibid; or being found in another person's negro quarters or kitchen, forty lashes, ibid; and eve1·y negro in whose compa ny such vagran t slave shall be found, incurs also twenty lashes. Ibid. Any person may lawfully kill a slave who has been outlawed* for running away and lurking in swamps, &c. &c. Haywo od's Manua l, 521-.2, (act of 1741.) For hunting with dogs, in the woods even of his master, the slave is subjected to a whipping of thirty lashes. Haywood's Manua l, 524, (act of 1753.) A slave endeav ouring t to entice another slave to run away, subject of which slaves are severely punished) would swell this branch of the beyond its appropriate limits. of the • Such was once the law of Virginia also. "In 1705, two justices there.p eace were authorized, by proclamation to outlaw rw1aways, who might and waya such by er, whatsoev person any after be killed and destroyed by any crime of ment impeach or n accusatio without fit, think might he as means nature, for so doing." Speaking of this law and some others of a kindred VirgiMary, and William of y universit the in law of professor Judge Tucker, birth; nia, observe s-" Such are the cruelties to which a state of slavery gives d by reconcile being of capable is mind human the such the hon-ors to which some its adoption." And, again, says the same respectable writer-" In 1772 it that requiring slaves; g outlawin of restraints were laid upon the practice out-lying were slaves the that justices, the of m saiisfacti< the to appear should the discreand doi:ng mischief. These wose e;cpressi(Jl1,8 of the act left too much in thing every 1792, In import. their weighing to addicted much not tion of men trost will relative to the outlawry of slaves was e;cpunged from our code, and I never again find a place in it." See .B.ppendi,x to Blackstone's Commentaries, aerond part, page 56-7. How long will it be before such sentiments prev.ail in North Carolina? ' t The original section creating this crime was in these word.5: "Every slave leave this who shall endeavour to delude or entice any slave to run away and and province, every such slave and slaves, and his and their accomplices, aiders �f04 • if provisions, &c. be prepared for the purpose of aiding in such running away, shall be punished with DEATH, 2 Brevard's Digest, 233 ,$- 244. And, a slave who shall aid and abet the slave so endeavouring to entice another slave to run away, shall also suffer DEATH, Ibid. If a slave harbour, conceal or entertain another slave being a runaway, in South Carolina and Georgia, he is subjected to cor. poral punishment, to any extent not affecting life or limb. 2 Brevard's Digest, 237; Prince's Digest, 452. In Maryland, thirty~nine stripes is the penalty for harbouring one hour. .!let of I 748, chap. 19, § 4. A slave for being on horseback without the written permission of his master, incurs twenty-five lashes, 1 Martin's Digest, 622; for keeping a dog, the like punishment, 1 Rev. Code, (Mississippi) 379; for killing a deer, though by the command of his master, overseer, &c. unless such command can be proved by a ticket in writing, twenty lashes, 2 Brev. Dig. 246; "for being guilty of rambling, riding or going abmad in the abettors, shall, upon conviction as aforesaid, suffer death." 2 Brevard's Digest, 233, act of 1740. After an experiment of eleven years' duration, the legislature relented so far as to declare, "That whereas by, &c. of the act entitled, &c. it is (among other things contained) enacted, 'That every slave who shall endeavour to delude or entice any slave to run away and leave this province, shall upon conviction suffer death,' which is a punishment too great for the nature of the offence, as such offender might afterwards alter his intentions, Be it therefore enacted, That such part of the said paragraph as relates only to slaves endeavouring to delude or entice other slaves to run away and le:ive this province, shall not operate or take effect, unless it shall appear that such slave (so endeavouring to delude or entice other slaves to run away and leave this province) shall have actually prepared provisions, arms, ammunition, horse or horses, or any boat, canoe or other vessel whereby their intention slwll be manifested." 2 Brev. Dig. 244, act of 1751. It is hardly necessary to remind the intelligenfreader, that the principle upon which the act of 1740 was founded, is retained in the amendment of 1751. The eruleavour on the part of a slave to entice another to run away, is, in both laws, regarded as a crime wortliy oj deatli. What shall constitute tl1e 'evidence of this endeavour, is defined in tlie amendment, namely, "the preparing provisions, &c. whereby tlie intent-ion sliall be manifested." And this is the only melioration of a law, which it is acknowledged, in tlie same breath, imposed a p';inishment too severe for the offence!! And such is still tlie law, after tlie lapse of three-fourths of century. 0 a �105, night, 01· 1·iding horses in the day time without leave, a . slave may be whipt, empt, • or branded on the. cheek with the letter R, or,otherwise punished, not extending to life, or so as to render him unfit for labour." .flct of Maryland of 1751 , chap. 14, § 8. If a slave beat the Patuxent river, (which is sometimes done for the purpose of taking fish) ten lashes. Maryland Laws, act of 1796, chap. 32, § 3. And if he place· a seine across the Transquakin and Chickwiccomico creeks, a justice.of the peace may order him to receive thirty-nine lashes. Ibid. act of 1805, ChtyJ, 31, § 3. • In conclusion of this- branch of the present -section, may be added a recent act of assembly of the~t'e-of Mississippi, of great cruelty, relating to runaway slaves. It is entitled an act to amend an act, entitled " An act to i:educe _into one, the several acts concerning slaves, f ee negroes and •mulattoes," and may be found among the laws of the ,;ession of 1824. The first_secti~n is in~. ~~rds:." When any slave O[ slaves shall be comm1tteg_Jo any 3a1l m this state, as a ru~away or runaways, it shall be the duty of the jailer of said county to interrogate him, her or them as to his, her or their owner or owners' name or names and place of residence, and the account thus received, together with a description of the slave or slaves, the jailer shall forthwith transmit b-y mail to the owner or owners • named by the slave; and if the statement made by said s)ave or slaves shall prove to be false, it shall be the duty of the jailer, w'ithout delay, to give the said slave or each of them twenty-five lashes, well laid on, and interrogate him, her or them anew, and transmit the intelligence obtained, together with a description as aforesaid, to the owner or owners again named, and wliip as before directed, if a se.cond false accounf is given,; and, so on, for the space of six 'fl'!,Onl_hs, it shall be the duty of the jailer a~ternateiy to interrogate and whip as aforesaid) whenever the said slave or slaves may give a false account:of his, her or their owner or owners' name and place of residence." To appreciate fully the cruelty of this law, it should be noticed, that its entire administration, inquisitorial and punitive, is confined to a single person,....:the j,ailer- who,,from the nature 14 �106 of his office, must have the slave wholly within his power; and yet for the abuse .of this power, iri a·case within the meaning of the act, he rhay be regarded as altogether irresponsible to any one. Without any design on the part of the slave,-either to pervert or to· conceal the truth, it is highly probable that his statement will, in many instances, be false, and in many more appear to be so. For the ~tate of Mississippi is, as to the greater part of it, uncultivated and uninhabited; it is divided into but few counties; _the number of post offices which have been established there is very small, and the names of the proper post town __must be frequently unknown even to white inhabi,tants, whose means of information are vastly superior to what the slave possesses. The master's place of residence, which is mentioned in the act, may be very remote from the post office, . and should it be kno~n to th~rrve, would afford but little assistance to the jailer, as to tlie endorseme nt of his letter to the master. As overseers are usuany ·employed on plantations, it will not be thought strange, that the ignorant slave should not his christian be acquainted with his master's name, especially '-name. Proper names, both of men ang. places, are frequently spelled very differently ,from what the pronu~ n. would teach; and jailers are not ordinarily selected for good seholarship, or extensive information. Added to the whole, it·should be recollected, that miscarriages of letters, even when carefully and correctly endorsed, occur not seldom, from the ignorance or inattention of post-masters. Notwithstasding all these considerations, the jailer may, in his discretion, determine when the slave's statement is false, and having inflicted the legal measure of flagellation, may repeat the same punishment, again and again, for the space, of six months-o r, to use the language of the act, so ·characteristic of that callousness to the slave's sufferings, which familiarity with cruelty begets-" and so on, ' for the space of six months, it sha~l be the duty of the jailer, alternately to interrogate and whip as aforesaid." . I come now to the exemplification of the second branch of this chapter, which may be stated in the following proposition : THE l'ENAL CODE OF THE SLAVE-HOLDING STA'l'ES INFLICTS �107 PUNISHMENT S OF MUCH GREATER SEVERITY UPON SLAVES THAN UPON WHITE PERSONS CONVICTED OJ'. SIMILAR OFFENCES • . In treating of this proposition, I shall, in the first place, exhibit synopses of the pen~l codes of the states ·of Virginia ancl Mississ_ippi, so far as may be necessary, in order to comprise the offences which are punished by death in those states. This selection is recommended by the considerations, that one of these states is an old, and the other a new state-tnat the codes of both have been recently revised-and in some measure, by their relative geographical positions. Virginia will be first noticed. In this state, murder in the first degree-arso n, at common law-wilfully setting fire to a house in a town, or aiding, abetting, assisting, counselling,, hiring or ·commanding any person to do the same, are crimes . severally punishable with death, wh~ther the offender be white or black, bond or free. 1 Rev. Code, 616 q 587.* The following table will place this subject in a clearer light; the reader bearing in mind, that the numeral signs PREFIXED to the crimes .named_in the first column. of this table, are not designed to convey the idea, that they are severally EXPONENTS of one crime ONLY; but are used, in connexion with similar numeral signs, occupying similm· places in the second and third columns of the table, merely as a convenient means of indicating the correspondence of the crimes, and the~ pecific punishment s. So far from having the former ~gnification, it will be found, that the table· comprises at leasf.71 crimes for which SLAVES are CAPITALLY punished, thoagh in none of these are whites punished in a manner niore"severe than imprisonm(!nt in the penitentiary . Thus, No. 3 rohtaihs at least FIVE crimes; No. 11, TWO ; No.· 13, at lea.~t FOUR; No. 14, at least THIRTY ; No. 15, at least FIV~~o. 16, at least TWELVE. / As a general remark on tbe subJed of the penal code of this state, it may be stated, that a conviction ,foY a fclqny doe$ Il~t work a forfeiture of goods. 1 R ev. Code, 613, ~ �Punishm.ent of Slqves. CRIME. 1. Murder, in the serond degree. i . Death." 1 Rev. Code, 2. Being a.ccessary ,to arson. 2. Death. 1 Rev. Corle, 587. t 427. 3: Wilfully setting .fire to a barn, a stable, corn house or other 3. house, or for advising, counsellini, aiding/ abetting or assisting any person, whether bond o/ free, in the perpetration of either of these ·.offences. . 4. Wilf?-IIY setting'fire to any ck 01·, cock•of wheat, b~11ey,· oats, corn.or other grain, ay,. straw or fodder, or adv1smg, counselling, aiding, abe ng, assi~ting in the_pei·petration of ,, either of these o'ffenc .' , ". -' "' 5. 5. Feloniously brea:kin , eitlier in theday or ·~ ght, into an· warehouse 'or sto~ ouse, &c .. r~aking i:ri,'Q_ne~ ~~. '&c. ,of the ~alue of f~9( dollars, or aiding, ass1sti~i,: _i&<.:, ~ c, ,, • " 6; 6. Stealmg hog~,; nird offence. • : ~-,• Dea\ h. l ,R. C., 588. Death, within the·benefit of cle:ngy. 1•R. C. 587. De:\,t h . . 1 R. C. 588. ,, ,,_. ' Death. 1' R, C. 57 4. ,Punishment of _Whi'te Persons. 1. Imprisonment for not less than five, nor •more than eighteen J~. '1 Rev. Code, 617. . ,, ¢ ' • • 2. Imprisonment for not less than ten, nor moi;e thai;i twenty-one years. 1 ,Rev. Cbde,,587. 3t Payment of the valu·e of the property bmnt or destroyed, and imprisom:nent for not less than· two, nor more than five y:ears. l ,R. C. 587. ' 4. Same pt\nishmerlt as, No. 3. 1 R.C: 587. 9 .. 5. Imprisonment for not Jess than one, nor m?re than ten years. 1 R. C. 588. ' • 6, lm~i)me~t for n; t iess than five, nor more than ten years. 1 :R. C. 617-18. ,7. ' neath. 1 R : C. 572. 7. 7. Im'prisonment for not less than one, nor more ihan ten years. 1 R . C. 572. • 8 . Horse-stealing; 8. Death. 1 R. C. 575. 's. Rist,oratidn of propei:ty stolen, and im: .prispnment for not less than five, nor , , , . , "!nore than ten years. ' l R. C. 575. 9. Harbouripg ,or .concealing a horse-thief, with knowledge of 9., Dath, within clergy. 9.-. Imprisom:pentfornotlessthansixmonths, the theft. ,: ' , ' ,. • , ·: . • . . 1 R. C. 576. • ' • nor more than fiiur years. 1 R. C. 5'7:5-6, 10. Counterft;_i?,ng or assisting t9 tountelrfeit any coin; or'th'e.11()~ : 10. Death. 1 R. C. f 8'1.: 10. Imprisonment for no! less than ten, nor of a cha?j;ered bank. • • ; • .1, • , . more than twenty years. 1 R. C. 578. 11. Passing, qr .attempting to pass, a count,erfeit coin or note, 11. Death, within Clergy, 11. Same as No. 10. 1 R . C. 578. knowing the r,me to be_counterfeit.' • • • .- 1 R. C. 5~1. • 1• • • • ~he1;1ever ~at~ is noted as tll.'e•punisb,mq1t.in thista~le, Jt ,is to ~~ un_derstood without b.enejitnf clergy, unless otherwise mentioned; and imprisonment simply, means at hard labour in· the penitenticu:y. • ';, '· • ► • ◄ ... a1 �CRIME. 12. Counterfeiting the seal of any.incorporated bank, &c. Puni.s?,:ment of $4,qes. Punishment of White PerS<Jns. 12. •_Dtllth, within;Clergy, 12, Impri$onment for not less than five, tior more tlian 'fifl-£en years, 1'R. C. 579. C.581. . ~..within Clergy, 13. ~01prisonment for n_ot l~ss th-en two, nor 13. Forging, or altering, or assisting, or abettipg, &c. &c. to I 13. ~ ·581. ·mor~ than ten years. , 1 R. C. 579. forge a post note, or check, ·on an incorp,orateµ· bank.. 1, within Clergy, 14. Impnsoniuent for not less than orre year, 14. Forging, or altering, or assisting so to do, a. land waJ!l'ant, nor ip.ore tm,,,qeµ years. I R. C. 580. .• •C.581.· or any paper bill of credit of the United States, or, a certificate or manifest or rece~pt of a publicpnspector of,flour, hemp, tobacco; &c., or a loan officer's certificate, or a certificate of the stock of the State, or of th'e Unj.ted States; or of any bank, or any other chartereq company, or. any vther c.ertificate, issued under the.authority of the State, 01' -of the United States, or any record of a court, or public officer, or of any body politic, or corporate, &.c. &c. &.c. 15. Forging, or altering, or erasing, or procuring, to be forged, 15. Dea¢, within Clergy, I 15. Same as No. 14, . I B. C. 581. altered, or erased, or willingly assisting, &c. in forging, &.c. any starrlp, brand, or mark of an inspector,.of tobacco, with • intent to defraud, &c. for not less than one year, 16. Cutting off the tongue of' another, or disabling the same, by 116; Dbth, within Clergy, 16. Imprisonment nor more than seven years, and liable I l/. C. 582. clipping, biting or wounding, putting' out,,an eye., slitting, to the party injured in an actiqn for da, cutting off or biting off' the, nose, eau or lip; disabling or mages. I R. C. 582. disfiguring the nose, ear or.lip, or, disabling, by wounding any limb 01· member of another; shooting or stabbing, with intent to maim, disfigure, &.c. for ~ot less than ten, nor , , F· Death, 1 R. C. 585. 17.• Imp~onment 17. Rape on a white woman. • more than twenty-one years, 1 R. <J. 585. 18;' Death.:....act of Assem- 18. Not a sta~titable offence, but punishable 18. JJ.ttempting to .commit a r~pe on a white woman. as an assault and battery, according to . bly of.1823, chap.•34, • , the common law, which is fine and im§ 3. prisonment, (not at hard labour,) at the discretion of the c·ourt. 19, Imprisonment for not less than five, nor19, Death-see No. 5. 19. Burglary. • more than ten years, and restitution of JJ_roperty, when any has been taken. 1 R, C, 617. o. ....0 C0 �110 The penal code of Mississippi, though less sanguinary than that of Virginia, yet) as an illustration of inequality,_with respect to the punishments imposeu upon free white persons and slaves, it may be propm-Iy-cited. The following crimes* are in that state, punished with death, whether the perpetrators ar~ slaves, free negroes, or white persons_: 1. Murder-2. Robbery-3. Rape4. Burglary-5 . Wilfully burning a dwelling house, a store, a cotton house or gin house, or any o~er out house or building, adjoining to a dwelling house or store-6. Horse stealing, second offence-7. Forgery-8. Being accessary before the fact to Rape -9. Being accessary before the fact to Arson, (as before defined,) -10. Being accessary before the fact to Robbery-11 .-Being acce~sary before the fact to Burglary-1 2. For rescuing a person convicted of a capital offence. But with respect to a large catalogue of other offences; it will be seen by the subjoin.ed table, that a wide difference is made, according as the offender is a slave, or free white person. • The crime of High Treason, being inapplicable to the condition of a slave, is purposely omitted. �,· I. 2. 3. I abam. Wilfully burning • • Puniah,. ment of 'White Persom. I. Dtath, • R. O. 381, 1. Imprisonment not exceeding six months 2. Death, ibid. 3. Death, ibid, a s~ble. ,. }Murd er, Attte_mptin~ to commit Rape. Burglary. Robbery. 5. • {a dwelling house, • 6. ·• •· • a store. 7. adjoinin~ a a c?tton house • ,, 8. Attempting to dwelling a gm house. 9. house or any other out house Qr 10. store. building. 11. 12 - Attempting to commit Shorse stealing, second offence. 1 Forgery. 13. {to forgery. 14. 15. Being accessary' to stealin gia freeman. a slave. 16. befare the fact a horse, second offence. 17. 4. bum Punifiment of a Slave. jl Il.eath, ibid, J;feath, ibid, Death, ibid. Death, ibid. _ Death, ibid. Death, ibid. Death, ibid. Death, ibid. Death, ibid. Death, ibid. 14. . Death, ibid. 15. Death, ibid. 16. Death, ibid. 17._ Death, ibid. ~. 5. 6. 7. 8. 9. 10. 11. 12. 13. and paying damages. Jlet/. Code, 298. 2. Same puiµslunent as No. 1, ibid. 3. A fine, at the discretion of the court, and imprisonment for not exceeding one year, and the exaction of surety of the peace.t R. C. 297. 4. Same as No.,3. R. C.·297. 5. Same as No,,3. ibid. 6. 7. 8. 9. 10. lL 12. 13. l J Not crimes either at common law, or by statute. . • 14.} {t Not provided for by statute. 17. this State, in all cases. Revised Code, 308. • The Benefit of Clergy is abolished by express law 'ofdefined , i, e, an <Msault with intent to commit murder. better offence an of ent punishm t This is, in fact, the III-- �CRIME. 18. 19. Being accessa.ry before the fa.1/t to the burning of{: ~:~~20. ' ~Murder. 21. Rape. 22. Robbery. -e23. Burglary. . _ " 24. Forgery. .-, ~ 25. Horse stealing,· second offence. 26. B. •"' ste~ling Sa free person. 27' emg accessary aJ.er (a slave. , 2s: th~ fact tq a dwelling house. • 29. a store. • :: -" 30. ' - a cotton house. ·-· 31. ~UrJ1ing a gin h9use: , 32. .~ any out house or builJ!ing. 33. { a barn. ' • 34. a stable. • 35. Manslau~hter of anyfee person. ' S6. Maiming a ·&e.e white,person. Punishment of Slaves. ~g: 20. 21. 22. 23. 24. 25. 26... 27. '2.8. 29. ,30. , ,31,/ 32. 33, '34?. 35.' 36. 37. Preparing for, or.administering "any medicine to, any perM.37. son with all'intent to kill, ,• • •· • · ' 38. The. perpet~tion of.a second~.offende, ill al.l felonies not° '38. purushable with death for the fi.r st offences. Punishment of White Persons. '18 ' : Same punishment as No. 1.:, 19 f ~~'}A fine not exceeding 300 dallars, and may, at ,t he discretion of the court, 22 • receive 39 lashes. Reo. Code, 304. 23 : .~t~Not provided for by statute. 26. ~~-~· ~- Same as No. 20, 21, 22 & 23. R. C. 304. ' '. • 30. 31:' Not provided for by statute. 32 ' .• s:J:1 :u.; .... I-'" S'S. Fine and illlprisonment at the discretion l..:l of the Court;· and•being branded on the hancf with the'letter M. 36. Fine; not 'exceediiig one thousand dol·larsi~.standing in" the p.illory 'for two. hours· per day, for: a term not exceed,, ing three days. . •, Not provided for by statute. , 18.,.No distin~;i~n is·in general made in the punishment ..of thia class of offences, when committed by white persons, between tlie first and second offences. ~ This definition c.omprehen'.ds s~veral o.ffences-as grand iarceny, petit la~ceny, &c. y''fl. �./4 113 It would enlarge this chapter beyond its proper limits; to· furnish-in extenso, a similar -view of the punishment of'offences, in each of the slave-holding states..- I shall content myself, therefore, by indicating the difference which is made, in the remaining states, as to the severity of the punishments, to ' which slaves and white .persons are severally subjected, in•a· .· • ~ • • ' more general manner. The penal codes of Tennessee and llfissouri, are~ compared with those of the other slave-holding states, disti'nguished for· ;hr~Yl .t-<1-mildness, as respects the punishment of slaves. In Tennessee, ~ej t i~;the act of Novembers, 1819, chap. 35, has reduced the number of capital felonies, when perpetrated by this unfortunate class• of persons, to five. It _is in these words: "Murder, arson, burglar9,~ rape and robbery, shall, when committed by a slave · or slaves, be deemed capital offen~, and be punis~e~ with : death, and all othernffences snaIIoe pmri.sneclasoefore; Provided, that -the-p-unishment in no case, shall e~tend to life/ or limb, EXCEl'T ·m THE cAsEs ABOVE ENUMERATED." Not having in my possession, any part of. the laws of this state, except tlie slave code, I am not able to say, for how many and ' _ for. what offences, whites imffer death there. ...;,f- io,h t In Missouri, capital offences, committed by slaves, are nearly 1 as few in number as in Tennessee. But six, are thus punished C.,,,f •t[:./ }· ,.,,_, gl[;../yj -1, murder-2, arson-3 and 4, preparing or administering "p,,, 1 medicine, without his or her master's consent, &c., and when $ lt • ¾ 6 it cannot be shown to have been prep-area·, or administered, S t ~ without an evil intent-5, conspiracy to ·rebel, and 6, a conspi-' racy to murder any person, in furtherance of such conspiracy to rebel, and by an overt act, attempting to execute such conspiracy. 1 Missouri Laiµ~, 312. Treason and murder, 'when the offe11ders are whites are capital. Arson, by ~ white, is punished with imprisonment for not less than on~ year, nor more than seven years. For assaulting his master, a slave, on conviction before a justice, incurs but thirty-nine stripes, ·ibid, · 309-though •there can be no doubt, as to the master's power, · to infli<;t as many more, as he may thi_nk fit, without the interposition of the civil authority. In general, it w_ill be seen, the laws of this state, are unusually humane. Yet, under the fol~ I Aw 15 �• 114 lowing section of a law, passed July 4, ,1825, great cruelty may be legally practised: "For all other offences, (except the above designated ones,) they (slaves,) shall be punished, at the discretion of the court, before whom the conviction shall be had, but no part of the punishment shall be fine or imprisonment, but in lieu thereof, the court may punish by stripes at their discretion." 1 Missouri Laws, 312-13. In Kentucky, whites forfeit life for four crimes only,* viz. I, Murder-2, wilfully burning the periitentiary-3, being acce_ssary thereto before the fact-4, the carnal abuse .of a female child under ten years of age. 2 Litt. ~· , Swi. 1006-1009. · Slaves meet a similar punishment for eleven_ crimes. These are " Il -;:-I, Murder-2, arson-3, rape, on a- white woman-4, rob. bery-5, burglary-6, conspiracy to rebel-7, administering poison with an intent to kill-8, manslaughter-9, atte1?},pting to ~o_!llmit a · ape~n wni oman- YO, !!h~oting at a white p.erson with an intent to kill-11, wounding . :r white person with an intent to kill. See 2 Litt. f Swi. 1160-1-4. All other offences, when perpetrated by slaves, are punishable with whipping only, not exceeding thirtY.-ni_ne lashes, except for advising the murder of any person; for this offence one hundred lashes are authorized to be given, ibid, 1161-2. Oapit,al felonies abound in South Carolina. White persons l-v,..t._·,,;)1 c.. suffer death .there for twenty-seven offen~es; in twenty-three of which the Benefit of Clergy is not allowed. Slaves incur a similar fate for thirty-six offences. From most of these also, t}le Benefit of Clergy has been taken away. Simple , larceny, to ·the value of one dollar and s~ven cents, whether perpetrated by a white person or by a slave, is a capital felony, without the benefit of clergy! !t See James Digest, title, crimes and misdemeanors. ' • In this sta,te, the Benefit' of Clergy is · taken away &ntirely, as to white persons. 2 Litt. & Swi. 985. Blacks and mulattoes, whether bond or free, are allowed a privilege somewhat resembling it, i. e. a commutation ~f capital punishment for "such corporal punishment short of life, as the court may direct.". 2 Litt. & Swi. 1154. ' ' • t A distinction is made, by express law, in South Carolina, between' males aod fem_ales, convicted of clergyabk offences. · Both are to be marked in the �115 In Georgia, exclusively of High Treason, whites are ,pun- ~ \ h ~ . ished capitally for three. crimes only. Slaves, for at least* .4 ,11. A either against IJ,,-rvvcr:, 's nine. All other offences, committed by a slave, persons_or..property: or against any other slave or person of S,(.rvVA colour, to use the phraseology of the law, may be punished ~t -the discretion of the court, before whom such slave may be tried,-th e court keeping in yiew the principles of humanity in passing sentence, , and in no case, extending the punish!)lent to life or limb. Prince's Digest, · 461. .fl.ct of December 16., 1816. Haywood's Manual, which purports to be a complete digest of the laws of North Carolina, which were in force at the date of its publication, in 1818, contains no general penal code. I am, for the most part, unable to ascertain from it, whether crimes committecl by whites, are at all punishable in that state, , -And in reference to slaves, with the exception of offences already noticed, for which whipping is commonly direc~ed; some barbarous enactments to invite and sanction the murder of this defenceless class of beings, together with a few authorised • sanguinary expiations of . minor offences, conclude all the information which is to be derived from this source. Thus-a slave outlawed for running away, lurking in swamps, and do_ing mischief, may be lawfully lcilled~by A NY PERSON. Hay- wood~s Manual, 521. • liand, upon the brawn of the ief't thumb, with a burning-lwt iron, having a Roman M or T upon it, according to the nature of the crime. But, a male i$ _dis_charge~ witlwut further punishme nt,-a female, may be whipped, pla.ced in the stocks, or imprisoned for the space of a year afterwards, at the discretion of the court. James Digest, 97 & 99. •-i have used the words, at least, in this place, inasmuch as arson, which; in the enumeration of the nine offences I have given for which slaves are capitally punished, is ranked as but one .offence, comprehends, according to the definition in the Georgia Code, a considerable . number, prwided the ojfenrler be a slave. The language of the code is, " arson is the malicious and wilful burning of the house or out house of another." Prince's Diges.t, 351. Aft out lwuse, is a term of very loose and extensive import. For any such burning, a - slave is put to death. But it is only for the wilful and malicious burning or setting fire to, or attempting to hlll'.11~ house .in a city, town or village, that a white person is similarly punished. .ibid. , 7 �116 So to kill a slave, if the killing be done, by a white person, in an effort to take from the slave any arms or ammunition, . which he is by law prohibited from keeping-or, if a runaway slave be.killed in the end_eavour to apprehend him-or, if a slave shall happen to die under correction,.:,_by order of the County Court,-the homicide -in each of these cases, is justifiable. See I-Iaywo_od's Mari,ual, 522. • For offering a forged pass, &c. any corporal punishment, not extending to life, may be inflicted. ibid, 531. . ' [ A slave, convicted a second time, of killing a horse, or any cattle, or a hog, suffers. death. ibid, 9L So, if he misbrand or mismark any of these animals-death is the penalty, ibid. _ This last offence, when committed by a white person, is punished by a.fine of ten pounds,' proclamation money, over and above-th_e value of the animal misbranded or mismarked. ibid.*] Of the spirit which once -breathed in 'Maryland, · agai_list ne- • groes, the reader will be instructed, by an· act passed in i. 729. (chap. iv.) in the following words. ·" Whereas several petit treasons and cruel and horrid murders have been lately committel:l sy negroes; which •cruelties they were instigated · to commit, and hereafter may be instigated to ·commit; with the like inhumanity, because they have no sense of shame,· or apprehension of future rewards-or-pun-ishments, ~and that the manner of executing offenders, prescribed by the laws of England, is not sufficient to deter a people from committing the greatest cruelties, who only .consider the rigour and severity of punishment; / Be it enacted, &c., that when any negro or·other· slave, shall - be convicted by confession or verdict of a· jury, of any petit ( treason or murder, or wilful burning ·of ·dwelling houses, it · shall and may be lawful for. the justices before whom such· 'conviction .shall be, to give judgment against such negro or other • An act of assembly, passed in 1822, chap. xxvii. provides, "that _a ny per- son whci shall knowingly, alter or deface the mark or brand of any other. person's,neat cattle, •sheep or hog, · or shall knowingly mismark or brand any unbranded or unmarked neat.cattle, sheep or hog, not properly his own, with :m intent to defraudany other person, suc;h person or persons;, on :conviction, in a Court of Record, shall be liable to corporal punishment, in the.same manner as on conviction of petit larceny." 'The same act repeals the laws in the text, comprised within brackets. �117 slave, to have the right hand cut off, to be hanged in the ~sual manner, the head sevei•ed from the body, the body divided into four quarters, and the head and quarters set up in the most public places of the county where such fact was -comm itted!! The barbarous provisions of this -law, it will be seen, were not made compulsory with the justices before whom the conviction might take place; but were entrusted . to their dzscretion. And; as " the declaration of rights " prefixed to the constitution . of Maryland, contains the following, among other just principlE:s, " That sanguinary laws ought to be avoided, as far:as is consistent with the safety of the state, and no law to inflict cruel and unusual pains and penahies ought to be made, in any case or at any time hereafter,'~ no Justice, I presume,. would venture, in 'the exercise of ~is discretion, to give . in his sentence, full scope to the savage power confided to him. Yet it cannot but move our wonder, that the act itself has not been annulled. The last AUTHO RIZED edition of the laws of this state, which I have examined, comprises it among the laws still '·. ,. in ,force. r, thilt slaves chapte this in given views It is apparent, from the species of two to chiefly ted subjec offending-against the laws are pillory the and ing Cropp punish ment- whipp ing and death. In ing. 'whipp with nction are seldom directed, unless in· c,onju certain upon d, e iz_ several.of th.e states, transp ortatio n is author I conditions, as a commutation for the sentence of death. See and Maryl P'irg. Rev. Code, 430; Haywood's Manu al, 544; Laws, act of 1809, ch. 138, § 9, and ·act of 1819, ch. 159. Puttin g in irons, and thus made to labour for his master, is practised in Louisiana. r Mart. Dig. 688. As a mode of SEan accusatio~ of CURING the person of a slave labouring under onment* impris ity, necess from crime, previous to his trial, re of " The-following provision is· contained in~ recent act of the legislatu confine to desire shall s'lave Virginia: ," Whenever the master or owner of any' wealth, it shall be him in the jail of any county or rmporation within 'this comrnr.m upon applilawful for any justice of the peace, in such county or corporation, the jailer, to warrant a grant to agent, his or owner cation of such master or him in saic1authorizing him to receive such slave into custody and to confine confined jail, provided, such 'justice be of opinion that such slave may bes~ �118 , ,is resorted to._ But as a ';[nmi,shment _a fter conviction, except in the state of Louis iana, where the laws liave in some mea- · sure recognised its adoption, it appears to be utterly unkno wn. In an act of assembly of this last Q1entioned state, juries convo ked for the trial of a slave on a charge not capital, may direct the slave to be imprisoned not ~xceeding eight days. l Mar-tin's Digest, 688, act of March 19, 1816. Impri sonm ent/o r life is mentioned several times in the laws of the same state, as a known punishm.ent for slaves; yet for what offences, and under what circumstances it is authorized, I haV'e not been able .to ascertain: See ibid_. An act of _assembly; posterior in point o( time to the publication _of the work just cited, vests the p~wer in' the governor and senate to com,,nute the punishment of death into a lesser punishment in favour of slaves, upon the recom mendation ~f the judge and· jury by whom the offender has been . tried, if the circumstances of the case shall be such as may be thought to entitle him to such commutation ; and among these lesser punishments, perpetual impri sonm ent is named. .!let of March 5, 1823. Maryland, Virginia, Kentucky and .Georg ia, have introduced the system of penit entia ry_ confinement , as means for tiie ref?rmation and _punishment of. criminals. Yet the first three* of these states have expressly restricted the application of this system to white convicts ; and the like distinc tion is so strongly impli ed by the law of Georgia, that I have no dou~t it exists there als.o~ , This exclusion ·of imprisonment as a mode of punishment for slaves, has led, it is believed, to the multiplication of capita l• without public inconvenience," &.c. The duration of'this confinement is made • to depend on the master'!> will, unless the public-convenience should require the sJave's discharge. .!J.ct of .!J.ssembly of February 25tlt, 1824, § 4, entitled " An act concerning s-ervants and slaves." A law of .D(U1sou ri, nearly·similar to this, though less e:ccepti<mab?e, I have noted in previous page. The remarks there made may, with: ·equal appositeness, be .repeated here. See supra,_· page 43. • • , * In Maryland, by an act passed january 6, 1810, (act of N(fl)ember seasioli~ 1809, cltap. 138,) slaves convicted of certain offenc-es 1Ilight be sentenced to confinement in the penitentiary. But, at a subsequent period, thls provision -was repealed. Laws of Maryland, 'o f December iessiun, 1818, chap. 197, § 1. • a �119offences as to this class of people. Dismembe rment, as it would in general diminish the value of the slave, and partak~s so largely: , of savage ferocity, has probably at no period been much tolerated, For a solitary, offence, ho~ever, it is authorized in Missouri. l Missouri Laws, 312. ~ Corporal punishment, not exten,dingJo life or limb,_ (which is another name_ fo.r exces~ive whipping,) though sanctioned _in several cas·es, must,be open, in a greaf degree, to ~~ o_bjections which apply to dismemberment._. It is presumable, on this ·account, that_j_t l s pot frequent in practic.e. In general, therefore, death has been resort.e'1 to, ·as the only punishment, according to the sentiments of slave-holders, adapted to a state of slaveri, for all.offences except those of a trivial nature: SLAVES ARE PROSECUTED AND TRIED UPON CRIMINAL ACCUSATIO NS IN A MANNER INCONSIST ENT WITH THE RIGHTS VII. OF HUMAN_ITY. Trial by jm-y has been frequently and justly extolled as the palladium of c_ivil liberty. As it ~xisted in_full vigour in Eng- _ land, when tlie settlement of this country began, by the principles of colonization it was imported by our ancestors, as part of • the laws and customs of the mother country applicable to their new situation. But African slavery haying originated in the (oulest iniquity, it was natural that it should be sustained and perpetuated by consentaneous pieans. Accordingly, in but few, if in any, of tile colonies, was trial by jury allowed to the slave. And thus it happenEI, at though the constitution of the United States, as well as most* of_the constitutions of the individual members of the confederacy, secure to the citizen, impeached of crime, th~ benefit' of this iQstitution, yet, as this has been done, through the medium of langu:,i.ge, which does not embrace the case of the slave, but has reference to precedent usage, he is left in this particular, in the li_ke condition of exclusion, in which he _ _ stopd under tl}e coloniaJ gqye;rnments. subject, ifis on obtains • ~onsidera ble diversity,, however, in the'a~ent s~t~_s. In K~ntucky, a slave c}larged with an .. I ~ , . The constitutlon of Virgi~a contains no provision as to trial by jury. ' �120 ()£fence punishable with death, is entitled to the benefit as well of the grand as of the pdit jury. He is to be "tried and prosecuted in the circuit courts only, and in the same manner, and under the same forms of trial, as are by law prescribed in the cases of free persons." ✓.let of Feb. 10, 1819, 2 Litt. g- Swi. 1164-. In Georgia, on capital charges, no provison is made for the interposition of the grand jury; yet the right of trial by a petit jury~ with the privilege to the master of challenging seven persons on behalf of the slave, is expressly directed and sanctioned. Prince's Digest, 459. -By the constitution of Mississippi, it is declared, " In the pru:secUtion of slaves for crimes, no inquest by a grand jury shall be necessary, but the proceedings in such cases shall be regulated by law, except that in capital cases, the general assembly shall have no power to deprive them of an impartial trial by a petit jury."-The act of assembly, which has been passed to carry into effect this article of the constitution, grants to the slave, on .his trial for a capital offence, nearly all the advantages of a petit jury (except as to witnesses) which are possessed by whit~s. Mississippi Rev. Code, 382..l:l,·ticle S, § 27, of thi; constitution of Missoiwi, is in these words: " In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury; and a slave convicted of a capital offence shall suffer the same degree of punishment, and no other, that would be inflicted on a free white person for a like offence; and courts of justice before whom slaves shall be tried, shall assign them counsel for their defence. "-In the constitution of .Jllabama, a provision is inserted, denying to the general assembly power to deprive slaves of an impartial trial by a pelit jury, when prosecuted for a crime " of a liighe1· grade than petit larceny." See constitution, title slaves, § 2.-A declaration is comprised in the bill of rights which forms a part of the constitution of Ma1·yland, (and also in the constitutions of several of the other states,) of the following tenor: "That in all criminal prosecutions every man hath a right to be informed of the accusation against him ; to have a copy of the indictm;Ji( or charge· in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses �• for a.nd against him, on oath ; and, to a speedy trial BY -AN IM• consent he ought PARTIA L JURY, witho ut whose unani mous and see Const. of 19, , Rights of Deel. ." not he found guilty Mississippi, tit. of ibid, 10; , Rights .lllaha ma, title Deel. of A citizen of one o/C, ~·c. 9, ibid, ibid, 10; ibid of Misso uri, this declaration e constru y of the free states would unhesitatingl trial by jury • the of slave to be a constitutional guaranty to the states, olding slave-h upon every criminal accusation. In the constithe to ce however, it has no such meaning. By referen tutions of Alabama, Mississippi and Missouri, as above noted, the same provision will be found embodied there, in terms equally strong and explic it-inde ed, in nearly the same as those contained in the co.nsti_tu_tion of Maryl and as above cited. And yet, quotations taken from the same instruments, and already r, transcribed into this chapter, evidence in lhe clearest manne on. that slaves are not considered as embraced by such provisi And in relation to the state of Maryland, the following law compels us to the like conclusion: "When soeve r any negro, Indian ng or mulatto slave, shall hereafter be charged with any pilferi the or stealing, or any other crime or · misdemeanor where of county court might ha:ve cognizance, ·it shall and may be lawful for any of the justices of the provincial or county courts, upon o complaint made befo~e him, to cause such negro, Indian or mulatt any or him before iately immed t brough slave so offending to be is other justice of the peace for the county where such offence . negro such any t agains committed, who, upon due pi·oof made id, af(?resa as crimes the .or (Indian) or mulatto slave of any of such justice is hereby autho rized and empowered to-aw ard and cause to be inflict ed, accord ing to the ·natur e of the crime, such punish ment by whipp ing as he shall think fit, not exceeding forty lashes ." .llct of 1717, chap. 13, § 6. This •law, notwithstanding .that it abrogates the right of trial by jury is in the case of slaves accused of the offences enumerated in it, ed publish state, the of laws the of edition given as in force, in an y- · under the express sanction of the legislature in 1799, (twent other in and ution,) constit the of three years after the adoption more recent editions. But,. wherever the life of the slave is the l penalty of crime, no exception can ·be taken to the tribuna 16 �which decides upon his_ fate in this state; trial by jury is .then a1lowed. Maryland Laws, act of 1751, chap. 14. The constitution of North Carolina guarantees trial by jury to freemen only. It declares, ·" That no freeman shall be ·put to answer any criminal charge, but by indictment, presentment or impeachment.. That no freeman shall be convicted of an~ crim~, bitt by the unanimous verdict of a jury of good and lawful rn,en, in open court, as heretofore used." See Bill of Rights, § 8 & 9. . A sense_of justice has, however, so far tri:- , umphed ove-c the prejudice.Jiy wJ:!i!:'h.J:hese. pmrisions were dictated,_ as to concede to slaves the privileges contained in,. ,he sub-joined extract from a law passed i~ the year 1793. }' In alt cases hereafter happening,-whe re any slave sbaJL.be.caccused of an offence, the punishmenLw.hereof- shall extend to life, limb or member, such slave shall be entitled to trial by Jury, on oath, consist~ng of twelve good a~d lawful men, owners of slaves, in summary ,vay -and in open court of the county wherein . such. •. offence was committed." *..Haywood's Manual, 5s2: Tennessee, at the .date of this act, was a component part of North Carolina, and after their separation, agreeably tQ an article in the constitution of the former, she .continued in !}le ohserv.ance of the laws of the parent state, until they were severally annulled or modified. liy her own legislature. _ A slight modification, by her legis., lature, took place in this· law, by an act .passed October 23, 1813, in w~ich it was declared-'~That in the trial of slaves,. for all offences where a jury is now requirnd by law, it shall be the duty of the sheriff to summon three justices to preside on the trial, and twelve housekeepers being OJ,Oners of slaves l.Q serve as a jury on such trial, and should the jury find the slave guilty of the offence charged, the sai~ justices shall proceed to_ a • It is ~ith great pieasu; e I record the'following humane provision of an act _ passed in 1822, by the legislature of North Carolina. "Here~er, on the trial of any slave or slave~ for capital offences, if it shall appear t-o the presiding judge, by affidavit-or otlierwise, that such slave or slaves· cannot have a fair tri~ in the county wherein the o~-ence is c]iarged_to have be~n co~tted, i~ shall and may be lawful for such judge to order the removal of such cag§e t9 /Ill adjoining county fo~ trial: .n£)t~vithstartcling the master or owner of' s:ch slave or slave_s may neglect or refuse to make ·an application to tjle court fo17 that purpose." /1.ct of .!J.ssembly of i 822, chap. 2, ~ 2. �123 pronounce judgment and award execution according to law. " Tennessee Laws of 1813, chap. 35. The change in the former act, which is Jhus effectea,Ts- a-ecisively unfavourable to the slave. For-though the trial by jury still su~ists, "yet.it is en- tirely wit/tin the power of the sheriff to make the selection both of the justices a1id of the jurors -a power too important and too easily abused to be delegated to any individual. Bu·t trial by jury is utterly denied to the slave, even in cr_iminal accusations. whicli may affect his life, in the states of SouTH CAROLINA, VIRGINIA and Lou1s1ANA; and the tribunal which is made to serve as its substitute, can boast of norie of its excellences. This tribunal is usually styled_" the justices and freeholders' court.:? _.Its com1titution, and the manner in which conducted, will be best conveyed to the its proceedings reader, by a_trJmscript of the act of South Carolina: ".11.ll crimes . and offences committed by slaves in this state, for which capital punishment may lawfully be inflicted, shall be heard, examined, tried and adjudged,-and finally determined by any two justices of the peace, and any number of freeholders not less than three nor more than five, in the district where the offence shall be committed, and at a place where they can be most conveniently assembled; either of which justices, on complaint made on information received, of any such offence committed by a slave, shall commit the offender to the safe custody of some constabl~ of the district, and shall without delay, by warrarit under his hl!,nd and seal, call to his af!sistance and req1,1est any one of the nearest justices of the peace to associate with him; and shall by the same warrant, summon the number of freeholders aforesaid from the neighbourhood, to assemble and meet together witl1 the said justices, at a certain day and place, not exceeding six days after the apprehending of such slave or slaves, &c. ; and the justices • and freeholders being so assembled, shall cause the slave accused or charged to be brought before them, and shall hear the accusation that shall be brought against such slave ·o r slaves, and his, her or their defence, and shall proceed to the examination of witnesses and other evidence, and finally hear and determine the matter br0t1ght .before them in the most summa ry and expeditious manner; ;i,nd in case. the accused shall ·b~ convicted of a.re �124 . any crime, for which by law, the punishment would be death, the said justices shall give judgment and award such manner"' of death, as the :said justices, with the ~onsent of said freeholders, shall direct, and which they shall judge will be most effectual to deter others from offending in the like manner." James' Digest, 392-3·. In Louisiana, by an act of assembly, passed June 7, 1806, this act of, South Carolina was adopted, with no other change, than that ajttdge of the .c ourt, may, if present, act, , instead of the twojustices of the peace. 1 Martin's Digest, 642. The law, in Virginia, is substantially the same, as to the constitution of the court,-the only difference bei_ng, that instead of the two justices and three freehol- • ders, .fivejustices, WITHOUT JUIITEs, .says the act, shall be a competent tribunal for trying slaves, charged with felony. 1 Rev. Code, 428. But in Virginia, · in the procedure of the court on the trial.of a slave, he enjoys two important advantages which are not yielded to him, either in South Carolina or Louisiana-one , in the allowance of counsel, for whose •services a proper compensation is fixed by law, to be paid by the master,-the other, in requiring unanimity in the justices, to authorize a conviction. 1 Virg: Rev. Code, 429. In the best constituted courts, where skilful counsel aid the prisoner in his defence, where a jury of twelve men, impartially selected, against whom he has rro ground for even the sus- • picion of an unfavourable bias, must concur in their verdict, and with the judge as his legal adviser, (for such the hurpanity of the common law considers him,) it is not to be doubted that innocent persons have in some instances, fro~ the fallibility of human judgment, been condemned to death. At times, when the passions of men are highly inflamed, when the offenc~ • charged is loudly reprobated by the public-voice,. or, when, in monarchical governments, the strong arm of power, is exerted to crush an obnoxious individual, even trial .by jury, with all its guards against oppression, is, riot seldom, an· inadequate security " Under the authority here given to the justices and freeholders, "to award 8uch manner of death, as they may,think fit,". horrid spectaqj,es ar:e sometimes exhibited to public gaze. An account of one of these,-i. e. the burning of q . negro woman to death, may be found in the daily prints of 1820. �·125 to the accused. . Yet, a convic~ion in s_uch cases, can be obtained only through the concurrent decisions of two distinct tribunars;-each composed of at least twelve men, all of whom act under the most solemn responsibility. What chance .of justice, then, has an ignorant slave, under accusation, for example; of exciting an insurrection, 'before a tribunal, chosen by his accuse r,-su(ld en1y :cpnv9ked, consisting o(but five persons, (a • majority of whom, .in South Carolina and Louisiana, may convict,) without any one to countenance 01; advise him in the conduct of his de' fence. The Court of Justices, &c. it would appear, is to continue in / session for the trial of all slaves against whom complaint has been made. • I speak in re~z;ence !o the.law of South Carolina and Louisiana, as not being entirely certain on this point; for as respects Virginia, thent •iiaii ·be no doubt that such is the case, inasmuch :as the ordinary justices of the county courts, make up this extraordinary tribunal for the trial of the slave. Those who are to determine upon the guilt or innocence of anoother, accused of a criminal offence,' ought if possible, to be unin. formed, except through the medium of witne~ s examined in the particular trial, of the facts alleged against him, as grounds for conviction: A permanent tribunal in cases of extensive conspiraci es-in insurrections especially, cannot possess this essential qualification. One of the many advantages which appertain' to the trial by jury, is, that each prisoner may if he so elect, have a separate body to hear and decide between him and his accusers. The foregoing remarks, have an especial bearing on the consti~ution of the justices and freeholders' courts. • A law made , _for the regulation of these courts, in the conduct of the slave's trial, is also obnoxious to severe reprehension. - Holding the slave, (as indeed all persons who are not white,) to be unworthy of belief in a controversy, which concerns even the property of a white man, the _law-makers of most of the slaveholding states, have nevertheless, directed the testimony of the , slave, without oath or ·solemn affirmation, to be received for or agains t a fellow slave, arrainged as the perpetrator of any cri·minal offence, and at the -..same time, in several of these states, �the precious boon of freedom is never . co~ferred, except for what is ter_metl, "meritoriou s service~;"-a p,important part of which-is, fliegiving information of ftimes comm#ted by a slave. The admissiQn of .sl~ve testim;ony, upon sue!;, eonditi01y1, •can hardly result beneficially to th'e (\ccusetl. In .truth, • it would seem by the pr.e,mibl~ 6f the .la.w of So~th_ Carolina; -pn this head, that c01J,victions pnly were sought for by the legi~lature who enacted i~. The whole section reads thus: "and for the preventing the concealment .of crimes ftnd offences committed hy slaves, and for the.more effectual discovery anil hri_hging slaves. to c.ondigft pun:i..shm,efit,* Be it enacted, that not qnly the eviden~e of all free lndiai)ii, without oath, but the evidenc'¢ of aljy slave wi,thout oath, shall be allowecl arid admitted in all c(luses whatsoever; for or against a(!.other slave, a~~used of aQy crime ,or offenc;e whatsoever, the weight of "7hicl;i._evi4ence b_ejng serjously considered, a:nd .compared with .all.other _circum$t.ances attending the ca~ie, _:;ihall be left to the consci~nce of the justices aµd Jreeholders." 2 Brev. Dig. 232. James' Dig. 394. Jn Virginia, 1 ]Jev. Code, 422 and 431 ; in North Carolina arJrJ:lef)nessee, HaJ/wood's. .1.lfanual, 522,~n Kentucky, 2 Litt,. go S.wi. .!_150 l!LH5~4~-j .n_Mississippi, R~v. Code, 382,. laws.of a similar character may be found, though the meaning is left_11omewhat to implication. In Georgia and Louisiana, this extraordinary exception as to the qualification of .a ~itness, who i~ a slave, is not recog~ised. In other respects, 1the law may be i:egarded as the same. Prip,ce's Digest;448. l Martin's Digest, 642. ., . ~· Hitherto, our attention has been chiefly confined to the consideration of the trial of the slav_e, when accused of a capili:tl 9ffence. Ano(her sp!'lcies ~f punishment scarcely less _severe, is _sqmetimes •imposed. I allude " to c017101·al punishment , ,nQt .e:i;te_nding to life 01· limb,"t and_is usually denominated • 1n Virginia, an a9t' was passed in 1705, a part of the title of which was, "for the speedy and easy prosecution of slaves committing capital crimes." See 2 Tucker's B/,ackatme, appendix, 59. ' _tThis barbiµ·ous punishment,. is not in terms, licen~ea in.Kentucky. Yet, !ll point of fact, I fe~r; it may occm· there, and yet challenge t!ie sanction of law. A very Jiigh crime, ·" advising or ·consultini to commit murder," is punililiable, if ajury so.du·ect, with one /,mub·edlashes !" 2 /Att, U 8wi. 1161. �127_ , in the acts o{ assembly; but which inay be more· accuratefy dtF fined~ tiny. tort'¼re on the body -of d slave, which, can he practised withou t produc ing death vz·d_ismepiberment.. Cuttin goff the ears, and I/i'eJJi,1lo:r9,,..:._ar.e in considerable favour with the legislatur_es of ,Georgi:i, No!j:h and South Carolina ancl:l)e-. laware. But the punishment of- universal preva!':lrrce, and of perpetual occufrert,ce, is whippi ng. The in~ictiorr of-this punishment to the extent of "twent y lashes, on the bare back, well laia oh," is deemed in a great v.ariety of cases, of insuffi~ient inomeqt to claim the intervention even of 'a single magistrate. Any sy:hite person,_,...a drunken patrol,-,-an absconding felon, or. a vagabond mendicant, is supposed to possess discretion enough to iriterpr$t the laws, .and~to wield the. cowskin or cart-whip, for their "infraction; ~ and should deatli ensue by acciclent, whilethe sla.ve is thus receiving moderate correction, the constitµti6n of Georgia, and the laws of North Carolina, kindly-denominate• the offence, justifia ble homicide!! with are, capital, µot are whicl\ es by.slav _ In lj:entucky, offences with ished a-ct,-pun last the · in d fodfoate the· solitar,y exception, whipping, qot exceeding thirty-nitre lashes. 2 Litt. .~ 81Jfi. 1160; and oneJustice of the peace·, without the intervehti:on of a jury, m-uy::inqµire into, .and de<;,ide upon, the guilt or· inno~ cence of the slave charged with the commission' of th~ same, ~ ibid, U6l. The like authority is vested in .a justice , of_'the pe;ce, _by-the laws of Nor~h.CiJqlina,'. in case~ where the i!un-, ishment cannat 1;1x5Je@J;he~nuinber of foi,ty stripes. l;lgywond's: Manua l, ~26-7. ,So, in Vitginia and .Mississippi, many of the_ breaches of the law, for which the allotted expiation i's whipping, must. undergo the examination of a justice of the peace, before punishment can be lawfully inflicted. The decision of the justice, i~, however, final and the ~entence is carried into execution immea iately. Even the cutting off of an ear, 1nay· be directed by a single magistrate, in South Carolina, , for an · as this In Georgia and South Carolina, it ,vill be recollected, that terrible estimapunishment is, in one· case, at least, the slave incurs it, for what, in tiie ng tion of no rational being; can be accow1ted a crime, or any thing resembli ! See it, i. e. tlie wcmt of succe.,s i"!, a trial for freedom before a judicial tribunal.' •• supra, page 77. �i28 'act which, if done by a white person,' would not be denomiK nated a crime, nor be punishable at all as such. 2 Brevard;s Digest, 221-8. See supra, page 102. But in most of the slave-holding st.ates,* the_ordinary tribu.,. nal for the trial of slaves, charged with the perpetration of inferior crimes, for which the punishment of death is not awarded, is composed of justices and freeholders, or justices only. The number of these varies in a small degree, in the different statesbeing in Virginia,.fivejustices. l Rev. Code, 428,-in Georgia, in North Carolina and in Tennessee, three.XPrince's Dig. 459, Haywood's Manual, 522 & 526;-in Louisiana, one justice, and three freeholders; l Martin's Digest, 645-6 ;-in South Carolina, one justice and two freeholders. James' Digest, 393; -in Mississippi, one justice and two slave-holders. Miss. Rev. Code, 391. In Louisiana, ONE HALF OF THE COURT MAY CONVICT, AL',rHOUGH THE OTHER HALF,. BE IN FAVOUR O~ ACQUIT- Martin's Digest, 646;-in South Carolina, a majority (i. e. two, one of which, must be the justice,) is necessary to a conviction, and, except in Virginia, where, as it has been before stated, unanimity is always required.for this purpose; I take it to be the proper co.nstruction ~f the law, that a majority c~nstitutes a quorum, and is competent to render judgment either • • for or against the slave. TAL.t ' l "'In Kentucky, the justic;es and freeholders' court, is, I believe, unknown. The constitution of Missouri, by the extract.from it, given in this chapter, secures to the slave, trial by jury, under every criminal accusation. A similar provision, exists in that of Alabama, for all offences higher than pet.it larceny. t i. e. the Justice and ~ne freeholder, may convict. -J- ) ~ J,,--d~d- ./2~~ ~U s~ -:i~ -(;1 :J-<- ,,,; , /JJle. 1 s, 7-CIJ._&/t 1Js _1 �129 CHAPTE R IV. ON THE DISSOLUTIO N OF SLAVERY. · Section 1.-OF THE LAWS FOR !J'HE ABOLITION OF SLAVERY. THE laws which regulate the voluntary emancipation of slaves by their masters, will form the principal subject of this chapter. But before entering upon the consideration of these, I purpose furnishing, with but little deviation from chronological order, some notice of the measures by which slavery has been abolished , in many o( m1r states. • It is well known, that negro slavery was introduced into this country by means of the African slave trade, prosecuted during the period of our colonial subjection to Great Britain. At the time of our separation from the mother country, this evil, which had taken deep root at a much earlier date, prevai\l!id more or less in all the British American colonies. It was protected by the laws of each of these, and continued so to be, even after tbe Decl<;iration of our Indepenr[ence, and until the jfrst day of March, .fl.. D. 1780, when the first glorious effort for its abolition was· made , by the COMMONW EALTH oF PENNSYLV ANIA. · That day· gave birth to an act of ~ssembly, in its ·consequences second only to the Declaration .of· Independence. Jts title distinctly proclaimed its object, in words few but of large import: "AN ACT FORT.HE GRADUAL ABOLITION OF SLAVERY." The ,preamble to this act contains such just and. genero9s sentiments, depicts with so much force of truth and Jangua-ge the sorrows of slavery, and places the arguments for its abolition so concisely and yet so advantageously before the mind, . that I cannohefu se myself the pleasure of transcribing· it at length. "When we contemplate our .abhorrence o( that condition, to which the arms and tyranny of Great Britain were exerted to reduce us; when we look back on the variety of dangers to which we have been exposed, -and l;iow miraculously our wants in many instances have been supplied, and our deliverance wrought, 17 �130 ' ' when e,rnn hope and human fortitude have become unequal to the c~nflitt, we are unavoidably led to a serious and grateful sense of the manifold bles~ings which we ·have undeservedly received from the -h'and of that Being, from whom every good and conceive . perfect gift cometh. Impressed with ·the~e id~as, that it is our 'duty, and we rejoice that it is in our power to ex 0 •_tend a portion of that freedom to others which hath been eitended to us, and release from that state of thraldom to which we ourselves were tyrannically doomed, and from which we have now every prospect of being delivered. It is not for us to inquire why,· in the creation of mankind, the inhabitants of the several parts of the-earth were distinguished by a difference· in feature, or complexion. • It is sufficiei;it to know, that all are the work· of an Almighty hand. ·We find in the disti;ibution of the humari species, that the most fertile as well as the most barren parts of the earth, are inhabited by men of complexions.different from oµrs, and froni ea~h other; from whence ~e -ril.ay reasonably as well as religiously infer, _th.at He, who placed them· in their various situations, hath extended equally his care and" protection to all, and that it becometh-not us to counteract · his mercies. . We ·esteem it a peculiar blessing granted· to us, that ~e are en~bled this day to add one more-step· to u~iversal civilization, by removing, as ~uch as possible: the sorrows of tho~e who have lived in undeserved bondage, and from which, by the .assumed ·authority* of tile kings of Gre,at.Britain, no effectual relief could be obtained. weaned by a long course of experience from those nar~ow prejudices and · partialities we had -imbibed, -we find-our· hearts enlarged with kindness and .!Jenevolence towards men of we .. • . . ' • * The ·most signai effort ·h ere ailude<i to on the 1; art of the General_Assembly of Pennsylvania; when a _colony, to prevent the importation of slaves, was by an· act, which bears the title, "Jln ctet to prevent the importation of negroe:J and [ndians_ i7fto this province," passed Jun.e 7, 1712, bu! di.sallowed and accordingly repealed by Que.e n Anne, on the.26th February, 1713. This act, though'. repealed, may be found on r.ecord, in_the office of the Secretary ~ftlie Commonwealth', at Harrisburgh, Boole '.11, vol. 2, page 50. I am induced to be thus minute in this refereu'ce, since the ~ame act·is mentioned in the Memoii·s of the Historical Soci~ty of Pennsylvani1,t, vol. 1, page 370, !o, have been lost. The date there assigned to it is 1711-an error which has probal:i}y misled the • pers~n by'whom the search was made, ' ' - • �131 all conditions a~d nations; and· we conceive ourselves at this particular period · extraordinarily called upon, by the blessings which we have received, to manifest the sincerity of our profession, and to give a substantial proof of our gratitude. , " And whereas the condition of those persqns who have here-· tofore been denominated negro and mulatto slaves, has been attended with circumstances whicli not only deprived them of the common blessings that they were by nature entitled to, but has cast the·m into the deepest afflictions by an unnatural separation and sale of husband and wife from each other·and from their children, an injury, the greatness of which can only be conceived by supposing that we were in the same unhappy case. In justice, therefore, to persons so unhappily circumstanced, and who, having ·n~ prospect before them whereon they may rest their sorrows and their hopes, have no reasonable induce~(:1nt to ren- , der their service to society, which they otherwise might, and also in grateful commemoration of our own happy deliverance from that state of ·unconditional submission to which we were doomed by the tyranny of Britain, Be it enacted, •That all persons, as well negroes and mulattoes as others, who shall be born within this state from and after the passing of this act, shall not be deemed and considere_d as Servants for life or slaves;· and that all servitude for life or slavery of children in consequence of the slavery of their mothers, in the case of all children -born within this state from and after the passing of this act as aforesaid, shall be and hereby is; UTTERL Y TAKEN AWAY, EXTINGUIS HED AND FOR EVER ABOLISH ED," The fourth and next section of the act relates to the children of the slaves which, ac~ordi~-g to the foregoing provisions, would be born free. _ It will be more properly i~troduced hereafter: The fifth section made it the duty of the owner of any· slave at a place parfor life, &c .. to cause him or her to be registered* . . of an ~ Many suits have been brought under this act, chiefly in conseqnence ·omission by the'master to register his slaves in due time, or from sQme defect in the statement furnished by the master to the officer by whom the registry was directed to be made. None of them, however, possess general interest, nor are deemed of sufficient practic,al value, so much time having elapsed since the passing of the ~ct, to require par1;i~ufar reference. 0 • �• ticularly designated, (the registry to contain thy name, age and sex qf such slave, and the 11ame, surname, occupation, or profession of the master, and the name of the county, &c. wherein • the master resided,) on o~· ·before the first day of No~ember next ensuing the date of this act, "in order to ascertain ·and distinguish the slaves, &c. within this state, who should be such on· the said first day of November, from all other persons," and , declared, that with certain exceptions mentioned in other sections of the act, no negrQ or mulatto, then within the state, should, from ~nd after the said fi.r~t day of November, be deemed a slave, &c. unless his or her n_ame, &c. should be registered as aforesaid; and in the tenth section, the latter provision of the.fifth was in substance repe·ated, the language of which being as follows: "No man or woman of any nation or colour, except the negroes and mulattoes who shall be registered as aforesaid, shall at any time hereafter, be deemed, adjud·gecl or holden, within the territories of this commonwealth, as slaves or servants for life; but as free men and free women, except the clomestic slaves ·attending upon delegates in congress from the other American states, foreign ministers and consuls, ancl persons passing through or sojourning in this state and not becoming resident therein, and seamen • employed in ships not belon.ging to any·ii:ihabitant of this state, nor employed in any ship owned by any' such inhabitant, pro·vided, such domestic slaves be not alienated or sold 'to any inhabitant, nor (except in the case of members of congress, foreign 1~inisters aqd c~nsuls) retained in this state longe1· tfi:an six' mon(hs."* • It has been decided in Pennsylvania, thaf where 'the owner of slaves in Maryland, leased 'a farm, together with llis sla~es to cuitivate it, that the consent of such lessee that one of the slaves should be removed to Pennsylvania, and his being brought there, would not entitle him tb freedom. Butler aruJ others vi. Delaplaine, 7 Sei-g. & R.awle's Rep. '378. Had ·the owner himself.. consented to such removal, tl1e decision would have been different, unless he had been within the excepted cases mentioned in this tJnth section. It was also • d!!cided at the same,time; that "the sojourning of a master, a citizen of another state, with his slave, in the state of Penhsyh:arlia, woula not entitle s_uch slalre to freedom, unless there was at some time a continued retaining of the slav_e here/or six months, e)(cept perhaps, in a c·ase',of a·f:r'audule:nt removal back1 ' wards and forwards.'1 �• 1.33 . The import of these fifth and tenth sections 'could 11ot have two, been mistaken, had not the legislatqre inserted bet~een th~ in 1806, at the A decision of JuneE WASHINGTON, given at Philadelphia, circuit, &c. third the for States October term of the Circuit Court of the United n act or abolitio the of section tenth the of validity the inasmuch as it recognises volu~ of Wash- . 1780, may be here introduced. It is thus reported, in the first Butler Vi/. Hupper : • ingtfm's Cir.cuit Court &ports, page 500 et seq. case of material parts of * • the ; verdict special a on court the before comes case ." This South Car9lina,_ of state the in lived y formerl which, find, that th~ plaintiff whic)l he cultivated, • • ion plant~t e valg~bl a h~d he , Ge~rgia in as well as where, he had, and still and still cultivates, by his overseers and slaves, and on which to the present 1794 year the from That s. servant and house ed has, a furnish southward, the at ons plantati his to time, with the excepti~n of an annual visit has kept • he ng, followi June or May till year each in r Octobe continuing from with'his • • it, in resuled has and a dwelling house in the city of Philadelphia, the among and s, serva!lt ic dom~st and n chlkh:e several family, cons~ting of y, as a slave, at latter Ben, the subject of the present suit, who was Iµs propert with him, claimed as · the time of his coming into this city, and who continued his service, under from such, until Septembei· 1805, when he was discharged state. 'Whilst this of pleas n commo of court. the a ~ issued froi:n visits, fJie plaiJ).t1_fi' on bis plantati<ffl""'"l , lru , C-al'olm 'durjng these annual 1794, rmtil the 4,.th kept house, aj.ways having .Ben 'Wi~ him. • From th_c year Carolina fu c<inof January, 1805, the plaintiff represented the state of South was a me111ber he when 1800, and 1796 n betwee gress, except for two years, Judge Washingfo~;said facts," these Upon state. that of t~e legisla the .of a law of this state, ;, the' questidn ii wliether Ben became free, by virtue -of then quot_!:d Judge (the 1780," March, of first the on ·passed ) {Pennsylvania • the tenth section of this act.) • t1l_e plaintiff's' - • After clli!p6sing of ah objectjon which had been sugge~ted·by of article first section ninth the of counsel to the validity of the law, by reason ability to.the . inapplic _ the g showin and States, United the of .o f the constitution' ent, he instrum same the presen t case of the second -section of' articie fourth of of this • ration consid~ the to theµ cp!Ue We " wor(js: proceeded in the follqwing the special verdict. in found facts of'the and ,) section tenth li'S0, of (act law, 1 of the s~cti~n above The plaj_ntiff clain1s an exem,ption fi:_o!Jl the enacting ,part a• ; and secimdly, congres of r in:embe a as first,· s: grormd two stated, upon he yeai·s two for because e, purpos his sojourner. • The first will not answer privilege whic}i tliat ceasetl'to"be a member of congres.i and therefore lost tlie the exception in under him, character might otl}.erwise have conferred upon • • the law.• as within the other "The nextquestion then is, can the plaintiff be considered he ceased to be a exception of the· law, a sojourner during the period when 1nto this poirit, by inquiry 'all es pt'e<;lud verdict Bufthe • sr congres of r •membe time; tias'resided present ,the to 1794 finding, tnat the plaintiff, from the year •• • . • • . as • •. • • �•\ 134 under the name of .a sixth section,•this obscure proviso to the fifth.-" Provided always, That any person in whom the ownJ ership or right of s~vice of any negro, &c. shall be vested at • the passing of this act, other than such as are herein before excepted, his or her heirs, ·executors, administrators and assigns1 '&w. severally shall be liable to the overseers of the poor of the · city, township, &c. to which any such negro, &c. shall becom~ • ehargeable, for such necessary expense, with costs of suits there~ . on, a~ such overseers .may be put to, through the neglect of th,e , ·owner, master -0r mistress of such negro, &c. notwithstanding the name and other descriptions of such negro, &c. shall not be entered and recorded as aforesaid, unless his or her· master or •. owner shall, before such slave, &c. attain his or her tw.entyeigMh year, execute and record in the ·proper county a deed or instrument, securing to such slave, &c. his or her freedom." The introduction of the particle ~~ no.t," which is italicized, in the above quotation, was supposed to li~it the generality and • unequivocal meaning of the fifth and te_nth sections, as applied to the absolute emancipation of pei:sons-bunnrs'"slaves, mf'J wlio had, • not'attained the age-of.twenty-eight years a.t the date of the act, and whose masters had omitted to register them.according to the direction of the fifth section ; and a c'ase of this kind was ac•cordingly brought before the ~upreme~court in , the yea1· 1789. "Negro Betsey and two others, Cato and Isaac, who were brought before the court by habeas corpus, at the same time, were born before the first day of March, 1780, of parents who were held as slaves for life, when these .children wer,e born, but neither . •the parents nor the children had been ·registered by the master agreea~ly to the direc~ions of the fifth section of the act. • The . parents being more than twenty-eight years of age were _admitted to be free, but their former master . claimed to retain the •.. • . • •· with his·ramilY in Philadeiphia, ~xcept at those times wh~n he visited his plai~talions in the Southern states. No. person is entitlecl to the protection of the exception, who is a reside!1t in the state, unless he be a member of congress, • a miI1ister or consul. But the jury find that the plaintilr was a res(dent, 'and was not either a inember •of ·congress, a ·minister or c~nsul. The conclusion is inevitable, &c. I am, therefo1·e, of opinion, that upon tl}iS verdict the law is • • with the defendant." • �. • . f35 • • • • children, not as slaves for life, but as sei·vants until they should severally attain the.age of twenty- eight years." The case was twice argued; yet ultimately a difference of opinion existed in the court-a majority of the judges, however, decided against the construction contended for on behalf of the master, and thus wases_tablished the imp'ortant principle, "That in Pennsylvania, no per. son born before the first of March, 1780, although born a slave, unless registered before .the first day of N_ovember· of that year, ' could be held by his or her former master, either as a slave or as a servant for years,. but was absolutely free." See the case, Respublica vs. Negro Betsey, et al, 1 Dallas'. Reports, 469 et seq. It was deemed inconsistent with the duty, which, as a member ·of the Union, Pennsylvania owed. to her sister states,· to inter- • fere with 'what in those states were regarded as rig/its of property, and, on this account, it was expressly provided, t~at • nothing containe d in the act, should give protection to any slave, &c. absconding* froin -_hi~ or her owner-, &c. residing in any other state, and coming into this state. ·. See I Smith's Laws of Pennsy lvania, 492 et seq; • Such ·were the leading provisions of the first act which was passed in the United States of America tor the abolition of sla. very. Its plain intent was to diminish gradually the number of slaves amongst us, and eventually to ·ciestroy the il)stitution itself. • By the positive terms of its enactmentitnone could theres after be born as slaves, and'-from its whole scope and S}Jirit it , " Several very importalit cases have arisen under this section of the act. One of these; reporied in the second ~olume of Sergeant & R.awle' s Reports, page 305 et seq. was of this' kind : "Mary, a negro woman, the slave of James Corse, of Maryland, absconded from ~er master, and came into the state _of Pennsyl: vania, in which, after a. residence of_about two years, she became il1e mother of a female child. The owner of the mother claimed the child as his slave, and having obtained possession of her pei·son, committed her to the prison of the city and county of Pltilmlelpliia. . _She was afterwards brotlght b•efore the 'J;1dges of the Supreme Comi:, by w~·it of habeas wrpus .- the sole question !Je_fore the colll'.t was, whether birtli in Pennsylvania gave freedom to the chilcl of a sfave who had !lbsconded from another state before sli.e became pregnant. The court decided i;1 the affirmative, that Eliza (tliq child) was not _a sl;ive, :ind Rhe was.accordingly set. at liberty. • • • �• • .- 136 '\ • • : was ~vi8ebt1y opp~sed to the introd~ction of any of this d~noml~ nation of persons from the neighbolli'ing statiis. • On the 29th of . March, 1788, it was, however-, found necessaty for further legis·lative a~d in. the grand ·cause whicli had be~n so nbl;ily entered upo,n fn 1780, ~rid an-act :tvai passed on tlfat day, Which t~cites, '' for preventing xµany evils atld abuses, arising frofii ill-disposed persons availing tliemselves, of certain defects in the act for, the gradual abolition of slavery., passed ori the first· day cif M_arch, in the year.of our LoRD orie thousand seven huridred and eighty, 1Je it enacted, Tqat the exception-coritaine.d iiithe tent1i section ,· of the· act of first M~h, 1780; relative to domestic slave!i. a1:· t~nding ~pon pe~ons pas~ing through or ~ojourni,ng in tliis state, and not becoming resident t~erein, shall not be a_1;iemed or taken to extend to the slaves of such persons as are inhabitants of or :residents in this ~tate, o~ who shall c~me ·here with11.n intention to settle and rt!side; but all arrd every slave and slaves who shall . be orought into this' stat.ef oy· persons inhabititig ~r residing . th~ein, or intending to inhabit 'or reside.therein, shall be imme:- • diately considered, deemed and taken to be free, to all intents ~nd purposes." 2 Smith's L ~ws of Pennsyl1Jania,:143. ,: ·'.< • ' The -abolition £?f slavery in Massachusetts, fake~.its ~ate one , day LATER th~n the date' of the abolition law of Pc'l}nsylvania. • • , Jlt was not effected there by a direct and intenti'anally specifip act of. th~ legislat~re, but r~sulted as·a conseqrieric; of tlie pri~, ' mary article.in the bill o/ rights prefixed to the constitution -0f the ~tate, ~ th~ langt~a:ge or' which artie;le'i~, "all _m:en are ho!,'n: free and equa1, an'd 'have certain natural, essential and·una:lienable, rights; ;~ong which may b·~ reckoned the right'or' enjoying an:d .defending thei.r, liv; s and liberties; that ~f acquiring, possessing , and protecting property; in fine, that of seeking and obtaining . .. . • · ••• · their safety and happiness.·,, .' This declaration, en'ibodi~d as it,was in.the constitu'tion; be• · eame at once t he paramo~nt law ~f the landi-and though . so totally repugn;mt to .its spirit as well as t~ its .letter, was the • e.nslave~ent of orie part of.the human family by another, th:at, , as it appeat s to me, but ont;, opinion could, with the least ~how • ·Qf reason, .be entertai*ed· mi ,the subject; yet, it was not till after a solenin adjudicatio1~ or th.e courts, that slavery was by this �t37 in practit:e it ·mean s for ever abolished in Massachusetts, that eld, 4 MasHatfi vs. en hend Winc •Was considered so to be. See sachusetts Repo rts, 129. g her sisConn ectic ut appears to h~ve 6ee~1 the earliest amon a special At .' nia. sylva ter states to follow the precedent of Penn ing and revis of se session held in Janua ry; 1784 ,for the pu~po porate incor to d amending her code of Jaws, _the legislature agree the after -~hall .this section: "No negro or·mulatto child, that held be shall first day of March, 1784, be born within this state, age of twentyin servitude longer than until they arrive to the t of such child five years, notwithstanding the mother or paren such child, at was held in servitude at .the time of its birth, but of. Connectithe age afoi:esaid, shall be free, " &c. See Statu tes cut, 625. is _not' m~n- · Probably about the same time (the precise date legislature the ) ssion posse my in -tioned in the ·work which i~ varyi ng ct, subje same the on of Rhod e Isl~n d enacted a law the fixing _yet t, ecticu in a slight <legr ~ from that' of Conn d shoul tude servi itary same day as the · period at which hered horn n perso "No : ' cease, as the subjoined extract will show k, .fl.. n. 1784, wi~hin this state, on or after the first day of Mare a slave, and or shall be deemed or considered a serva nt for life as aforeborn all servitude for life or slavery of children to be be and ers, moth said, in consequence of the conditJon of their abo-· ever tor the same is hereby taken away, extinguished and a_ct relative to lishe d." Law s of Rho,je islan d, 443 -" .11.n § 8. slaves, and their manu miss ion and supp01·t," ecticut having Conn of state the into The importation of slav~s e Island, it is Rhod · in and , been prohibited in October, 1774 e abolition of entir the te, believed, at a period equally remo may be_now ni~, sylva slavery in these states, as ~ell as in Penn considered as virtually ac~omplished. h was finally New Ham pshir e having in her c_onstitution, whic a j>.rovited inser _,. 'ratifo:d o~ the eighth day of Febru ary, 1792, same th~ nearly sion of simil ~ import, and comprised indeed in itution of Massa, words with t~at :,.lready cited from _the const ry within her chusetts, has by impl icati on also, abolished sl;iy:e territory. ' 18 �'ms • The same important doctrine previously promulgated, a~ it is , ·well known to· have been,in the memorable Declaration of our . Independence on Great Britain, has ~erved. the li~e glor\olis· · purpose in the state·of Vermont. The citizens of Vermont, •however, were not content with implicatio,n on such a momentous 'article of their political'- faith, but · wisely -established, by .''distinct enunciation, ' the inferehce as well as the principle which they, so justly revered. I give · the whole article, notwithstanding it enters more into detail' tha_n is altogeth~i: neces'saty. "That all men are born equally free ;nd inq~pehdent, . and have cc;irtain natural, inherent and unalienable Fights, amongst · which are"the enjoying a·nd defendin·g life and liberty; acquiring, possessing and protecting property; and pursuing and obtaining happiness and safety ·; THEREFQRE, rio .male person born in this country or brought.from ov-e r sea, ought to be hol~en by law tp serve .any person a~ a,servant;~,ave or apprentiCle, after he arrives t~ the ~ge of twenty-one years, nor female, in like manner,.after she ~ari:iv:es to the age of eighteen years, unless they are bound by their o~n consent after they ar,rive at such age, or hound by Ia~, , for the payment of debts, damages; fines, costs or the like." , •'Se~ th{ Canstitution of Vermont, ,;.hap'. I, art. 1.,,.-The date. of.the ,constitution' is-July 4th., 1793. •. .: . The first act of the state of New• York on this subject, was . designed to work a gradual abolition ~f slavery in that state. · It .b~ars date the.29th day of .1.Warcli, i79_9, and' provides, That all •·childre~ ,born of i,l~ves alter the 4th of Jq1y, 17;99, ~hould be held by the owner of the· mothers of the same only µntil they should · _r~spe~tively attain to th~ ,age of twen ty-ei gh t yea_rs, if males; 'ai:i d if femal~s;until to the ag~ of twenty-five years. Another act, of ;imila~ -irilport ~o far as ·respects the: point un<l~r examinition; _was·passed .llpril ·8; 1801. 'But by an act of the ·3ist of March, one thpusand eight hitndred and seventeen, a final bldw was • given in that- 'state to the dominion of th~ slave-holder. 7The • .~-foortn sedio* of this act is a.s follo.ws: ". Every child bor~ of a ·slave wit:hin this state,. after the fo~rth qay .o f July., in tl:i.e year of our· Lo RD o'n~ thous~nd s~veo hundred and ninety~nine, shall .be. • free, but shall,remain the.servant of. tJJ,e owner of h}s Qr her mother, and the executors, administrators or assigns of such owner, 0 �139 servic f,' in the same manner as if such -child had been bound to service, such in' ue contin shail and by the o;erse ers of the poor, female, a if and years, t if a male, until the age of twent y-eigh of a born child every until the -age of twenty-five years; and remain shall act, this of slave within this state, after the passing and no . a· servant as. aforesaid, until the ~ge of twenty-one years, act, it same the ionge r," And by the thirty-second section of within e, muste was _declared, that " Every ' negro, mulatto or , from this state, born before the fourth day of_J uly, 1799, should This auand after the fourt h day of July, 1827, BE FREE ." moment, · spicious day has gone by, and there is, therefore, at this rous not.a slave within the wide spread territo ry of this prospe state. ates After several ineffectual* efforts on the part of the advoc day 14th the on ed, obtain length at of h_uman rights, an act was d entitle , Jersey New ~f ture . of Febru ary 1804, from the legisla noin differs It y." slaver of on "A~ act for the gradual aboliti Rh~de thing material, to the presen t inquir y, from the law of , afte1; slaves of born en Island , except that white male childr the by nts serva as ed the 4th day oj July 1804, may be retain only, years five y owners of their mothers, !,Intil the age of twent 7 twent yand female children, in like inanner, until the age of 619. , one years only: See R e'vised Laws of !few Jersey IlliThe three non-s1ave~holding states ,-Ohi o, India na and from c nois, it is well known , deFive this impor ta_n t characteristi _of the · the "ordin ance for the gover nment of the territo ry was ratiUnited States, nor-th west of the river Ohio, " which and recites nce or~ina The 1787. i'3th, fied by Congress July of states , the by upon agreed usly_ previo aaopts certain articles, the in ia, Virgin and York, New , Massachusetts, ·conne cticut rn Tercompactt by .which these st~-es-eeded the North Weste ho_use of assem• One of these efforts was frustrated by a -singk vote in the· te:x.t. the in law bly. This was suiyears' before ·the passing ·ofthe t was originally en-· t Notwithstanding the solemnity with which this compac United Stat~s, and the of ss tered into; and afterwards ratified by the Congre slavery contained of tion prohibi strong and plain the . ' notwithstanding, also, years since, in llliin the si:x.th article, a violent endeavour was made, severaf e the prohibition • nois, to obtain a convention of delegates, in order to expung • . • !! state that of tion constitu the ii:i inserted �14Q J:itory t9 the f~d_eral government. The articles alluded, to are ·'styled, "Articles ,of compact he~ween the. original states and t_h13 people and states ·within : the said terl'itory, for ever _fo re~ ma.i n unalterable, unless'. by corri,mon corisent," the sixth of which provicles, '.'There shall be _neither slavery nor involuntary servitude in said territory, otherwise than in the punish!}1ent'of crimes whereof the party ·shall have bee~ duly con: victed." • The gitizens of OMo duly appreciating the valuable guaranty t~us col),ferre_d upon the·m, ·manifested arr· accm:dant spi~it with • .the framers of the .ordinance·and the parties to the compact, and_ to prevent any undue advantage frcim ·bei~g·ogtained of_cc_>lo_ur- ed persons, in addition to .the·condition 'contained 'in the ordi".· nance, saw fit to embody the following excelle~t provision in their constitution-,-" Nor shall any indenture of any_negro or mulatto, hereafter made and executed ;out of this .state, or·if made in the state, wh~re the terll_l of se~vice exceeds o_ne year; • be. of the least validity, except 'those given in the case of appren: . ticeships." Const. of Ohio, .r1rt. 8, §,2. A provision in almost . the same words is inserted in the cons~itution ofJllinoif, .llrt. : 6, § 1, and also in the constitution of Indiana, . wit9- the omisstate.'; sion,' in the latter, of the words, ''or if made- in the ._.. Gqnst.' of lndiana,:.flrt. ll, § 7. . .: The state ·of Maine is the only r,emaining non-tlllave-holding _state. As the territory of which it: is :.composed, was a part of •• . the state,· of Massachusetts, •until within a few yea,rs since, Maine,. as a distinct sovereignty~- has never,) een contaminate.d • w~th slavery. Her constitut_ion, :'moreov:er, . ad{>pted :.,Oct~l>ei: 29, 1819, by -~ convention chosen ·for the purpose. by_the free~ 1;1en w~thin the , limits 'of her territory:, an'tl rat~fied . by Co_n: ,gress on Marcl?, _2nd, 18;H? _contains the same gran~ ~eclaration . of unalienable rights, which gave unconditional freedom to all • slaves within thtparentstate. Set,Const. of.Maine;.flrt; 1, § 1. _ It will bi obs_erved from th~ ~~tices her.e gi.ve~, that the ab~iiticin of slavery in the, st~tes \ b-o-ef~mentione_d, has been of two . • kinds; gradual and imme.diate. I_n those states·in which it 'has b'ee~gradual,.:_prejudice, the effect of. long;established prac-· tice,~and the spirit of gafn whi~h so frequen~ly overpo~~rs t~e ~ �141 sense of justic:e; have usually .made a difference in the conditrot1 of. the w~ite population and_of such of the coloured as have beerr , exempted from slavery for life, unfavourable to the rights an~ happiness ·of the.latter. Thus in Pennsylvania, by the 4th sec-, tion of the abolition act, it_is enacted, "That every negro or mulatto· child born within this state, after the ,passing of this act, &c. (who would, in case this .act had not been made, .have been born a servant for years or life or a slave,) shall be deemed • to be, and shall be, by virtue of this -act; the servant of such person.or his or her assigns, who would, in such case, have been entitled to the service of- such child, until such child shall attain unto the age of twenty-eigh t years, in the manner and on, the conditions whereon servants bound by in~enture for four years, are-or may be r,etaineq and holden, &c.· &c. "* - So in Connecticut, according to the section air~ady' extra~tea,· the same class of persons might be held, not as servants bound by indenture,. but as slaves, until they should arrive at twentyfive years of age. At the present time, the law there is somewhat different; it having been enacted_in May, 1197~ that, "no . negro or mulatto child born within this state after the first day of A~gust, 1797, shall be held in servitude longer than. untii he arrives to the age of twenty-one years, &c. but that such .child at the age ·aforesaid, shall _be free." Statu(es of Connecticut , 626. Accordant with this latter section of the laws of Connecticut, is the law of Rhode Island. See Laws of Rhode.Islan d, · 443,. section 9th of "the act _relative to slaves, 8[c. ~'- • ••.:. "' The want of precision in the phraseology used in this section, seems to • have induced an opinion with some p'ersons, that' the strrJitude -for twenty-eight years wli.ich is authorized by this section, was not confine!l, to· the i'llJ,mediate offspring of those who were slaves at the date of the abolition act, but was a.esigned to be extended' to their DESCENDANTS, if duly"registered, to the remotest generation. The case of the Commonwealth vs. Barker; 11 Sergt. and R.au/le, , Rep. 360, presented t~ point for the decison of the court, bt!,t, as the regi$y was defective, the court, on the gr9und of.this defect alone, orderea'the person claimed as such servant' to be discharged; declaring, at the same tin!e, that the a point of great importance, upon which no opinion wl!S·intimated. former ·But in a later case, in which the evaded point cam~ aga.in before the same court, it was decided that the .species of __servit~de alluded to, did not ex!ehd beyond the immediate offspring of slaves-that the children ofcoloured.aervanu -were in this .particul~, on the same footing "".itn the childr(;!n ofwliite persons. was �• . ··1n New York, by the acts of 1799 and of 1801, every child borJ of a slave within ·the st~le; ~fter '1he 4tli of July, 1799, was declared to be free, but might--be:-retained . by the owner of the • mother, &c., as. a se~vant, in- the same manner as if bound to service -b y the-overseers ohhe poor; if a male, -until he should . at-rive tQ the age _o ( twenty-eight years or ;i.ge, and if a female . until twenty-five years of age. This section was re-enacted by the act of 31st of March, 1·817, ~ith this important supplement; that every such child born after the passing of the last act, should "remain a servant :is aforesaid until tlie age ~f twenty-one years •and no. longer." So that the only distincti.on which now exists • ~ti this subject, in-the, state of Ne~ York, betvyeen the conditio~ of the white population alid·the children bo;n of slaves-,since, the 31st March, 1817, is, thatfemales as well as males may be held as servants till they a~ta}n the age of twenty-one years in·stead of being freed at the age of eigMee;,, years. ' ' The abolition act of New ·Jersey -c'onforms-to tqe precedent of Pennsylvania with respect·to the -general principle here _acf- . -verted to, yet humanefy diminishes the period of servitude to twenty-five years 'in the case of males., and to twenty-one in the case of females .. The term gradt[,al in its usuai- acctiptation as. applied to the abolition of slavery, and as it .is-tcrbe understood in the acts of assemblrbefore quoted, as also--in the remarks which I have made upon them, is restrictE:d in .its signification to the extinc- • tion of ·slavery, by depriving it of its hereditary quality. A g:adiial ~bolitio~ ~c_t operat~s to prevent the enslavement of the unborn, while it leayes _unaffected the coriditio~ of those alre;dy in -being. Such were the abolition acts ·of Pennsylvania, _6onnecticut, Rhode Island, New Jersey,- ·and the.first two abo: 1tion ·acts of the state of NewYorlc: But a measure which co~mmu~ic~tes free_doro to tJ:iose pr~vious to, and at tµ'e tiI?e of its actoption,. held as slaves, is here ~alled immediate, wliether such freedom be conferrea instantaneously or whether it be postponed to a point of time fii_!ure. in .relation to the date of the , measure.. This distinction comprehencls the last' abolition act of New Yo~k, ·as also; -the constitution7il i{rovisions .9f Massachu.: ~etts, New Hampshire and Verm.~nt, and the sixth irticle·of ~he . �o'rdinance of congress of 1787, for the govermn~nt of the terri·tory north-west of the .Ohio. Slaves being ctmsidered propert y, it has been said, an im- _ mediate abolition act like that -of New York, would be uncon~· stitutio nal, unless c'ompensati~n should' be maae to -their for- ·_ ~er owners to the extent-o f their v·alue. But me_n; fts such, by nature,' are equally free; 'it is impossible, therefore, th~t one can_ acquire a right over the person of another _unless by his consEtnt lnyolun tary servitude, uniess inflicted bjr society as the pQnishment of crime~ is 'a usurpation of pow~r, and' it would be strange if society at its pleasure might'n ot p1:1t an encl to its own wrong. On a theme so hackneyed, llowever, it is unneces sary to was4' argument; and happily in· the state of New Yo~k~ •a ·new ·constit~tion· has beep. "id opted since the.' passing of-the ~bolition act, an·d the acts of the legislature in fo,rce -at the aaop- •• tion of the constitution, ·have been expressly declared in that instrument to be valid. The abolition act; therefore, may be _• regarded as' a ~rt of ~e present co~stitiition, ~tself. Hamp- · New: and usetts Massach in slavery of :i,bolition The iirti-·. first the of · byforce stated,. been has as effected was ~hire ~on- • ve ·respecti their to prefixed ~frights on declarati • de of the • Supreme th~ of decision express an usetts, ~titutions.. In Massach · '.Noun= : tion. constrnc this ed establish has Cou~t of tl].at 'state, prej~diced inteH,igence caf!,, beli13ve, ,find fault with thjs d~ci- • ~io~.•'The language 'c / the' 3:rticle ·must. be wrested from ~ts pro~· per and ohvious •signification to . give coun~enance .to ;my othe~ conclusion. And yet; 'in 'Pen71:sy.lvania,, the bi_rth, place or' ef- • ficient hostility-·to negro oondage, the highest judF:ial tribunal of the state, has prono~nced'. as the result of its sole~n delibera-· tion on J simUar drticle of her'constitutiori; that' slav'ery was. not inconsistent with it* ' This mockery of justice took place r ,. • • , • r , •,.' ' I . • This case is not to be fo1;md in the books· of repor!:s: It -may, therefore, be proper to give some furtlier notice of it. lt was instituted in the Supreme. • ,Cfurt., to January term;•1795, by·a,writ r1e lwmine replegiand-0, and is e'!titled . ·on the docket, negro Flora vs. Joseph;Gr_aisberry . . The_defenqant having died, agreeably d substitute were h, Glentwort James and Reed _ John his executors, , __:, to an act of ~sembly providing for such _continge~ci'es: 01,1. th: _15th_ofDejury, the by founa was ver?ict special a when cembei:, 1797, tlie trial came_oq, . - ~ . ~ \ �~ ... i 44 . • ~ . • ·i. • .• ' ~ ·• \ ~ ~>····.\.~ ~- -..r, :::, :• , • ' • "' ·~ i: -: •••· - ~• ~ •.> •• • -~' ,.. · • •• ~ l•i,; / so· recently. as the h;enty;thiriii:lay of 1an~my, in the year.or ·our Lord one thousand eight hundred~and:two: It took place after the ·most able and ·ai:nple discussion. by counsel. It was not _· . ' suddenly' cast forth in. th~ hurry of ll: nisi_· prius trial, and 'by a single judge, but the recqrd is · stamped _NVith •the unanimous • ·sanction of seven men claiming to be i\i the fi\l pofsession Qf intellectual faculties of no common order, and acting upon _ma- . ture c,onsideration. Su_ch are the deplorable effects of long fa• . • ., • miliarity with i~justice and oppressiol!· •.• ag.aip.st milifating government, poittical of principles General piost" of c?n~titutidn~ th~~ in 'e.a~ted 'the existenc~ of-slavery,ai • ·of the slave~holdin:g st~te-s; y~ care has been· taken: to qualify • their bearing by sqme ~xpress declaration, importing that the· rights of freemen ·only were designed to . be protect1;id. The : const~tuti<?n,.of the ...~tate of Delaware, t~pugh •·a sll;ve-holding ' stat~,-seems to-. have been.framed with somewhat less cautioQ-On :this subject. It sets :fortli,-that," . '!Th~gh-Divine 'goodness,. all mer1, have, by natm'e, the i:ights of worshippin-g and serving • their Creator according to the i:lictates of their consciences; o;F ;.of acq~iring • • ~ ENJOYING A-ND · DE'FEND~- f:t~::AN:O LIBER'rY_ ·myd p1:ote?Jting repii~ation lir,;!, prop_erty; and1 in ~general, of • a(tafr1:ing objects ~s_.-u itaok fo "thezr.condit ion °WITHOUT INJURY ·.. •.BY ONE. Td ANOTHE;k." • Her~ we ~ave a '.charter of liberty of.: •• sufficient amplitud;.· How far.it :m; y he"~nsidere d as ·annihi-·•• • '. • . . . . -, ' ♦ ' ) ..., ~ • I • . •• ·- ...... ( • ,. -on the suggestion and by the consent of counsel, and at.March-:term, 1798, judgment was enterea for the defondant,,' l, for the purp·o~e," as is stat~d in t!!e ~ecord, "of an appeal to the High·Coµrt p_f Ei-r.ors ; nd appeals, and that the justices of this court may there assist in: he~·ing and determining it." On the .,20th January, 1802, the·hearing took plac~•before tl)-e High Cotirt of EITors.and • ._• • Appeals. Jared Ingersoll~ William ·Rawle,.~nd Williani L ewis, E squi~es, were of counsel with the .plaintiff, and from the known characte1.0L these gentlemen, it is t~ be infe~red, that during th~ four days which were O~«,:upied in tl1e hear-. , ing, no arguni~nt which ingenuity anci learning could ·_s4pply was wanting. • •T!J.e.judges with a i·eserve m~ e cm{venient to !hemselv~s th~n conri.nc~~g. to their hearers, were content with the b rief declaration; announce cf tlu-ougli their Pres\~en_t, " that it was t~eir un:i:~qus oputl~n, sl~very w-a.s not inconsis~ent _ ~th·any clause of the ·constifutio.n of Pennsylvania.;" in _con(qnnity with _which, ,j udgment Wl\_{ eptered on · the record, "~co~. un~ni~_?ysfy ol' opinioJ?1 that n.egro Flora. is ·a slave, and that she is the property of the defendants in error, •. • ,. . and the judgment of ·the Supi·emo !'.:ourt is' mfu:med," ' �• 145. ' •• lated b'y what follows . in COlll}CXion,-" and'.· as these ~ighfs""are essential to their welfare, for the du6 exercise · thereof, po\ver_is inhere·n t in th~m, af!-d t_her;fore~-all just ;mthority in, the· instjtutions of a political. soc,iety, is derived fr-?m the ·people, and estab_lished with their. conse~t 'to advarice their happiness, and • they may, for thi~ end, ~~ ~ircumstances req!,i,ire; from tim':l to • time, alter their constitutio!} of governm_ent, ";C-will depend very ,:mu~h o·n-the ·m~ral sentime_n ~ of those wbdpas s judgme nt upon .• . . • the qciestion. , .. ~ Section· If.. ON TH-~ ~Aws REGUilATING ·THE EM.ANCIPATION ,OF SLAVES. . • . . . . · , , •.·: _Sfave~y -being heredita ry, may; ~r_consequence;- be :vende~ed ,' : .. perpetu al,, if such be-the wili ·of Ui~. niaster'o (the slav.e: :From • -a just consideration of.•the rights .of pr:o-p~r,tiJ, it would seem • ~qually plain; th; t the ~a(lter might, at l\is pleasu~e, ~eli~quish: _his domiriio~ cuz:e/ the ·slav,e.•. ·.But soci~ty, in our slave-holding . d a ~ationai · ~th~rwfse. >• Having degrade states; •has· de<i~eed • .. ' • . , , saleahd ln ofrbarga thing el-a a·chatt inta and irpmortal being this fr~m result s incident certain . that : it has been d'iscovered degr~dation? which it concer.ns _th~ welfare of the c0mm~nity · ,vigorously:'.to' exact and preserve. ()ne, o,f._these •is, that the· .master's benevolenc.e tp his unhappy .bo~dman,_is not fo .be exerc_ised,, by emancipatian, wi(.hout the :~071sent of Ms:t;;1·editor. • 1his ii a prin-ciple ~f l~~ ~hjch ,pe'ryade's iiearly.eve,ry code in· ·_ the slave-nold1rig ' states. · fo some- of, these cod~s,.·express actment cannot ·~e cited for it; _y~t I think..it -probab le;unles s 'w'ith the singl~ excepJitm of North Caroli'na, * tliatpracticq,lly it ~ • , ~ ·, is m~de·so to·~perate:· ..'. -: ·i ~ 'I \ • • ' ' ' en- .:_. • ,,. I,- ,;, - \, .. - •J " • • '; as will be shown hereafter, :cannot be e~~ito be adjudged 9f' and allowna, '·by th; ¥ervi~, i~ ·merit(!r Jur qit ' pated'e.u • court. Haywood's Manual, 537'(act of1_796.). The act,is,si/ent as to the rights •.of crediturs, and I infer, therefore, that the claims for meritorirmi services, are ••d~emed param~unt' to the rights of ·third p~rsons, whether ~reditors o~ other~ \vise interested. • In ~·outh Carolina,' in Georgia, and in Alabama, the legi_sl;i• d ~mancipate slaves. Of co~e, the • '. ture onl)'l by special ac~; have authority t_ to prese:n,'.'e these supp(?sed inse~ted' is, ~cfatist may be,· an<,l no ·doi1bt always • ' • '· · •rights. ~,., • ' ' 'lri .North: Carolina, a skve,' 1-9 �Jn, Virginia and ~~~ssissippi, an .'·emancipated slave may be; . • taken in_, exepution t◊ satisfy' any "debt contracted by the ·perso_n . emancipating him, previo~s to such_emancipation: ·1 Rev. ( Vir..) ··c,ode, 4$4; JJ,fississippi Rev. C~de, 386. · · In Kentucky, the . act whicp· authoriz~s emancipation, and directs the mo_de· by w~ich 'it may be eff~~t~d;- contains a saying of _,the -rig,hts of ' 'creditors, &c. 2·.L itt. o/ Sw_i. 1155, sect.._27, act of 1798. • ,, • , By the new~civil code of Louisiana, it 'is declared, ''Any e·n:-_' •fran~hise~eqt- made in f ·rr,i;;d of c~_editors, o,r of.the portion;:e~ ·served by iaw to fo'i:ceq. 4eirs, is null and void; a1J,d sue[,, frai.td ~hall_be·cqns(dered as Pi:tovED, when it iha.lJ:ap1;.e_a_r f/i,~t at • th~ mom,ent of executing '.t he enfranchisement,' T.HE PERSON . • GRANT~No· ·1T HAD · No_T · SUFFICIENT PROPERTY 'l'O_ PAY ms . 190. DEBT~.'~ '_ .fl1•t. .' ' ,• ·, • - ." , \ •• ,, ' But'in addition to the obstacles 'to.~maricipatio_n which is. ere~ ·ated .by the s_a ving iii favour of creditors, _a very-~xtraordioary • i:>ne i; opposed on b'ehalf ~f. the·U{~dqws._ of.aeceas~µ. slav'e:hold; ers. For, whe;e a widow is entitled by law to one-third of her dec~;se,d . husband's pers~nal estate, unless. he ~sh_all~have left su!fi~ient oth~_r p~rsonal e~tat~, •aft~r pa:rm~_n t ot; his i!ebts, t9 satisf.v. her. claim of one-third, his ~lave~, tho.ugh declared:to be free by hi; la'sf wili,'. sl;)ill neve.rth~less not be _f~ee, but shall be' held liable for the third to which the widow is entitled. 1 Vii•. Rev. Code,- 435; - Mississippi R8'1J.·Code, '386; :2 Litt. 4- Swi· (Kenti'i,cky)1246 .' .• • •. • _ .,,.• , . ; .- ' ' ,Bqt it is in. th~; mog~ by which -~m~j1cipation is to be effect;d, most'formidabJe difficulti~s ar}se..:. In 8011th C1rolina· ,* ..th~t th~ . ,· . . -",. - . .. ,.,._. . .\... . • • ,._. i . • • • ~ '• : • "J ,- - - \ • . ... • /' •• • In South Carolina, before the passmg of the act of 1820;-here referred to, the law sto9d tl~us: ·~•.No eJllan'cipatiori of _any' slave shaµ be :v~d, e;~ept it . ~¢ by deed, and ·ac,c.ording fo the i:egulations, above des·i;riq~dl(wjlich' regu.1: • Iations'made it necessary for the person intending to emancipate a s lave, tci : ob~n the appro~ation 9f ·a' ji'.i.stice· of the cj_uo;um and five· freeholders,) and accompanied,by the abov'e~certificate,'! (i..e. th~ certificate .of the justice an •freeholder_s;) 2 Bre:vard's Di.gesi, 256. ·, Wlfu Sl)Cli strictnes$ wa~ this.law con; strµed, thl}t' where-a testatQr made bequest of slaves to a trustee, with dirr;,c- • tions to li[l,er(lt~ ,them, it was held 'by tht court· of chancery to be a void bequest, _ ~nd that tJ;tetefore !h;-;Iaves might be_ re~ained in perpetu'al ;~rvitude. $~ the tiJlle of 11yrn¥m vsi Bostwick,.4 pessausaurels Cha_ncery ReJ?_orts, 266. ,, _,: • .1 a . �autf1m:it'![o/ t'}/e~. - G~orgia, Alalrama :r~d :iyiississippi;it i~ only ·by on can be·· legislature'rpecially granted, that a valid ema~cipati ·upon the bemade. • Jt is riot enough that a penalty is imposed to :Wdrk 'for 'nevolence ,of a master who, µia:y_~pe_r:mit; his slave (1:1i1less he er; -own shwe a nue conti himself; a slave-~wner must legisla-· the e induc ~an he 'until ) ., dispose o( h1s ..chaltels by sale, ce's 'Pfin free. s· e v, capti ~he_ ture to indu lgi him in t}:le wish to set of (act 8 st,3~ ')Jige me.s: 'IJigest, 456 (act of Dec.. 5; 1801);.·Ja 386: , (J~de Rev. · i 1'820 );.. '/:oulmin's Digest, 632; J}lississipp ·hy any, other_ . ' In Georgia, ' the- 'attem p,t to set fx:e~ a~sla'.ve~ , is-":"isited wit~ inode .tha'n by an appljcatio~ . tQ tlie legislature act: "·If any · severe. penalties; ~swill appear from the following· ac~, _180 i,) ~et per~on or, p·er~ons_~hall, aftii the passing of this' a,nd fo:rtn than the .•free aiiy slaye or slaves, in any:.ot4'~r ~anb er act,) he shall one prescribed herein, ( i. e. by special legi')llative to be resors; dp'lla red hu,nd two ce forfeit for'.every- ~ucli offen be applied · to half one the ,t, tme11 . vered ·,b y action of debt, or zndic been have may ce offen the . to the use ·of the cc>'unty in· which , the and mer,' infor e of'th se .committeq; tqe other half to .. the·u to siill be l ·.shal free; ,s~t d _ n said slave or ;siaves so manumitted a_ e befdr as ry_ slave_ ' all i~ten ts and purp os_es as m1,tct~n µ:state of . 'S~ s partie or _ . they_wer~ manu'f!l,itj ed and s~tfi•ee by the parti . hpunis t~e nding , offending." Prin ce's Digest, 451. • Notwithsta e'· peopl Ghristian Dfent thus irriposed•for this ne'./,0 crime whjch the n the n.inete~·n th i. ,: create to fit ·seen have gia c;if jhf! republic of Geor -must hav~ b~en century,. some refractory hereti~,' it is pr~sum'ed, ~, the foIIo iing fou~d ,~ itpin her borders,· for , in tr~ year ' 181 and t~stament, will y ·ever and. •• act ·was added_· to I-i:er code: '·' All ;act or agree.conti ; ~ wis' ' - '.deed,. whether by wiy:'of trust ~r otner or by·p3:rgle; ig, wfitir )nent or stipqla~ion,.or cith!)r in~truµien t' in vou~i'ng endea or ._- made a~d eie~uted for the p~rpose of effecting r eith{} dire~tly to effect the ~anumission of any s_lave or "slaves; o_n :su~.h -~lave or •!Jy-conferring' or~atf.emp_ting ~Q •~onfer-~freed~m ecuring or at-· sl~ves, or indirectly or vir_tually;:by allowing and.s s t_he right or ) ~empting to allow and ;iecute to' ~uch ·slave or slave s, free from _,. the. • thefnselve her or· ing for his; work . privilege. of .. ,. r ' or slaves, or of en:... slave of such r •. r or owne ol \of the maste • contr -t . . d • skill, shall be.an or r labou their ' joying _th~. pi"ofit,s pl his, her.o . r ~ > -·· .. .. .. �the same ,are lieieby,)l.ecl:ired,•tp be1 uttei;ly null ~nd''vojd: andi 1:hlf person~ or ' perso~s: so ma~ing, &c_. any( sucli de~d',· &c: &c. • an\J. -ail and every .person' or:persoris co~~erned,in-.giving-m: µ.t• att.e ~pting to. give,.,effeGt._theret_o ,whether by accepting the.ti;ust:• thereby cre3:tea· or •~tt'empted_tf b~ c;reated, or iq, any other way: .' or p-ian!}er whatso~ve,r, shall be severally, lia~le. t6·,a penalty no( . ex~eedin'g one'ihousana·dollqrs, •to be. recovered, &c. &c. anf . each and -~,vyry sl~v(or .sfayes _in ,who~e ,p,ehal(s;~ch :~ill or tis"'. . , to be· .,_ . tamen't, &c. :'&c. shall have ,beeri . made, sha11 be ·l liable • • \ arr_ested •by vvarrarit .un4er, the Iian~ and seal of, a'?Y· magistrate , of. this state, and bei11g ther~of conp'ic,ted, &c. ·'sl}.all ·b e liabllftir be ~o1d. as .a.slave or .s1av~s, p:y public. putcryf and. ,.dje pr.ac~eds 1., ' ' . , ' .ofsuch ~ales shall ·be apprcipti?,ted, &c. &c. ,;. Pr.ince's IJigest, . "'•,.; ·" , • ' ' J ;:_ .,.., ·,. ' 4-66. ·• '· } ,, • .. .. . , , • ''\. '. s•- By.:i,n ,:~ct of ·_the ' Gene~al. Assembly of North Catoli~a, in', . ' J' • ' •• ' . • . • .l 777, it i1:1 enact~d,, }' Th.at, ncrnegto 9r mulatto ~lave,shall here-t. •• ,a.ftt{i: be.S!;lt fie·e; except f~r ~erito.rioi{.s servi~es-to be atliudged. of a'n'd:a'llowed by the .Cdur1)y .,Cou;·t/ an,d license ffrst'h:id and obtained thereupon: ari~ when ~ny ,,slave ~,s ,or ~haUbe s~t fr~e'. by·his or. her )11a1:1ter'or o\.vner~·- othe:rwise tl').an •is herein hefote' • directed,: it ·sh;_ll. and ni.ay' lie: lawf~,l fiir: aiiy.'freeholder in th1~ . I l ..... . ' state t?•.HPP.rehe~d ~n_sl taJre up, sucli ·.slave ·and deliver)fim .or::. '.foJ h.e .s~er,iff the-,c~aity' -~l{o, upOJl• ~ec~1.viiig ~uch slaY;e; ·;' sliW _gi.ve such' freep.older ·~ receipt for the sarrfe, ahd'the sheriff ' shall commit_<a;ll 1.su'ch 'staves-to.th~ jail_'of '-~he C(')µ~ty, J her~ "to..,. r1::ma~1; :imt'~l, t:he: nex} ·co\irt _to be 'hel~ for tl:\at county ; ap.d . t~e • cot1,rt, .o f tJ\e.doµn:t y. shaU·ot_d~r aJl su,ch. confined··s,av~s,,tQ he sold;. d~ringtµ~\erlil.,to th~.hfg;hestbidder;:' Haywo.~tJ/s Manual;525. • 'J?-~e s_hepiff is•:tfitected:five days b~fore .tfie titne appointed for:the ' s~le'of the emcincipatediiegrq, to give~otice,in writing 'to the pe~soµ by·wjlom t):ie eII1ancipati.0n ,was ni·ape,to-tµe·endthat such per- · soq piii:y; iC: ~e- thinks p,roper~ r.ene:1p hii;;, daiw 'tq' the i).egr:o SQ;, e!Il~m;:ipat~d byhi~; oh 'fail~re to '? 0,'YhiQh, the •~a:le,is to.oe.ma1~ • by the.: sheriff,.and o_ne. qfth; part-·of the n'ett p'roteeds •is. to ·be- , •. come ;.t;he.-pr.operty of tfi:e foi~_hol-der by wh~~ ;tlie appre~ension )¥3.S in::i,~e, aml the_re~ainirig faut; 4fth.s ai'e to btr paid .inta· the • • pu.:ojic.l;reasu_ry. ~ll,i.d,,·5;1,5-6;,; ari<t:, se~ act o/ I7f381 ibid, 529,'f also act,of l 79.6, ibid,. 537 . . • . , • _,, . • • ·~ • •~ ~'.i'• . ::, . ' •. . • ,.., '- het ., ' ' , • ' .... '(ii of • J' ' •. • ·~ ( 1 . ~, ' i / .1, • ~ • ·, ' �149 . ,.. , • The'same Iaw•ob~i~e d in Tennessee till Nov. 1'3_;' 1·~oi; ~h~na ·new ·act was passed,.autl!orizing the cqur~.fo emancipate -~laves upon a pr~sentation· of a petitio~·, for • that pu rpose, with the proviso, t~~t. ','the' reasoris set fo,rth ·~n said petitio~, shall~ i1~ · • thi:: oplnion of the court, be Goqsistent withJ he inter~s(and po- · licy of the state.;; . 7'enn; Law~,. act of l~OJ. ,, chizp. •27. : 1 usual, and, 'I suppose; . necessar.y precaution of requiring a oofid • f;om th~ emancipator,,to indemnify the pu~lic against any charge· . which might accrue for the support of the emancipated s)av'e, ·in case he should be 'disqualified from Iabou'r by s1ck'ness or the ".• infirmidet of age; is exacted in' this.. act : ••. ~, • • .'. • •. Mississippi has combiped,in· one a<;~ al! the obstacles to emandpatidp'. whi<;h are to he met wiili·in 'the faws o'f the otl;ier slave~holding states. -. Thu~, th_e .eni~ncipatiori, must..be PY an instru.!' • ment in writiug,:a last-will ·or'deed, &c: under seal, atteste·d by .at•.leasi iwo ' c~edible witnesses; or · ackn_~w.ledged ·~n the'.· cour( of.. tfie c~unty or COJ'JJ,Oration, wper~ the e~ancipato r ~e-• ·sic1.es; prqof satisfactff ry •to the Gen~ral '✓.ls!embly must b,'e . -;,,tJ.duced that t-he sldve ·h'as d_,one srime ·meritor.ioits acl J:dr the berieJU.of his master, or r~ndez:e<iso'!lle· disting11,ish~d se~vici lo. the ..stale; all which · circumstances afe p~t · pr'e-requiszfe~, and ar~ of no effic~CY. '\mtil a special act of qssembly sanctions . -the em~nci'pati,on·;~t.<!· whi~h may b~·a<lded, ·as}1as ~een a,\ready st:i,ted, a sdviri,g of the· rights of qreditors a:nd t~\'! protection. ofl the wid9w's tftir.ds: ' Mississipp_i ~Rev. . {;ode, . 3~5-6~. (act rf. • ,· ··'1.8', 1;822. .' ) - ' '·.·,. T. . ,· •· . , .' .->:- , .• ·,. . . ." • · • . c1une ' ' In Kentucky.,' M~ssoqri, ,Yirgin.ia, a~d ·~aryland , gr~ate:r fa- , 1 cility is affordeq' •to emancipation. Tne • ~rst • named 9f these states; enactedin',I 798, the followirig -faw, which cofitinues' stilr in}orce: "It· shill b'e la,wfui for any, person: by his or' he~' last' ~ ~µI >3:Jfd· te~tam·ent, _o r by' a_n'y .cithef inst~U!].Ient \ n ~riting,: the cpu'n- • . under l_lis or lier h:arid and se·aJ, atte·st,ed and 1m.rveq·in 1 ty court hy ,two ,witnesses ·or acknowledged by the pa~i:y in the' . CO\lrt •of the county where he or . she resides', to emancipate ~~ .. 's'~t free h{~ <.H', be'r slave 9r slaves,. who sh~ll there~po~ be entire-', • . 'co.ntriicl! ce perfor~a'.n ·rroin. the; fully .discharged .ly and . ·- cif. ,any . , ... . . freel fu11 r ,eHjoy-tlfoi and. , ·s~rvitude, their . :cluring -into entered .dom as if they· ha'a beeii born (r-ee.• ,' t\,11d the ·said court sliall • 0 'fn;e; · ~ ( �I i50· ha,ve- foll power t~ :aerpa)1d -- ~o~d anil ' §ufficient :security ofr die • ~mancipator, his ..or -h~r executoi•s; &c. 'for the mainte~ance of~· any' slave· or ~l~ves that may b~ aged orin.firm eith~r of bo'dy or~. mind, .to -p1;event him, her, or them' becoming chargeable to, _the , county;, and every slave so ~m:incipated shall _have a certificate'. • ·o~ hi~ freedom ·rrom .the _clerk 6f such court on· parchment, ·with the county ·seal affixed 'thereto; ·&c. s~vz'ng, however, .the rights ., ·of creditof,s, &c. &c..':° 2_Litt; '8r Swi. H55 . . ,And in isoo, in -~-~ns~qµep.~.e of ~ h~matie law particulaJl;Y ri<?tice~ in a previou~ page*'of th~ sketch, by which slaves wer~-constituted -real estate, . :ind tlierefore1 ' so ·(ar as cbnc"'e:rns' the la~ of d;sc~nts~ ii'ot sub- : or by a deed,.exe~ . je~i to di~position . by tbe will of a this iinpedim,ent, rem~ve -td passed. was act an him; ~y c~ted n -years, being eightee_ of age. orthe ·person any ·declaring, ':Th~t • may; Jiy sla:~es, .or slaye p~sflessea,..,·or_ or ha;ving·a _rigbt i;9 •~ny jiis _last . \".ill -and· ~e~ta_1nent:,. or J;iy an' insvument !ri ~writing, • -: • emancipate such slave or slaves."_ Ibid, ~1247., -·-, .' The ·la~ of Miss~uri o~· this subject bears s~ ·c1os~ an analogy to 'the la½,;"of Kel)tucky· of 'l:798, a.s not to call for l;\, particular recital.'.See 2· Missnuri Laws, 744. ' .-: ' • • t . ' ..- ~ ,- -:In Vi~ginia, the _la~~oi _em,.ancipatiori. has' ,u_ndetgone many . · changes since the year 169-9, when the first legislative interposi. si1ioh happe11ed.·. ;By, an ' act of that' year;' tlie ·emancipation of- · · any rnegro . or mulatto slave, , was rende1;ed -n~gatory 'unless the e1naJ,icipator s~oulq s~nd his.-freedma:;,,· out of_the . countii ~maricipation; a1-1J in- , '. ·from ,the time ·of within six, months . ' . ' . his . . default of_s.o doing, the _c_hurch-ward!'!ns were a~thorize9 t9 :ip-' prehend ~nd s'ell hi:~1 . .3 .H~n;ing's Statutes; 87: Anotheract wa:s passed ;in 1723, forbiciclirig emancipation, e~cept"foi· n1.e.rit~riq'l!-s serviGe~ Jo be adjudged of by tl:(e l!;?VeI'll~r an~ council: 4' ibid, 1-s2. This latt~r act , was supersecled in. 17s2;. by the fotroducti~.n . of on'e' nearly si.hlilar~ .'which' ,is •n<fw "1n' force· in . this ~tate, a~d wh'ich i'i:i. many:es~ential :points has been ~lb~eiy 'foil~.wed i1i'the fa~ cir I(entuck~ of 1798, ·as ~hove transcribed ..' ~te i Rev; Code:\Yirgi;,,_ia, _433-4: ) '1n ohe. respect; 'and that ~~o_ ?f. a_~o_st iirp9rtant ~h~ractEir, th~-· law;?f V_ir~in~a -.d~~ers _from ,the ,~a"': o~:Ker_tu~ky. I ~lluqe fo, the, mhuman ·pro!~s1op. minor, • . •• .. seesup,a, noic_t.p,' 23; --~ -.- �'• 151· . . • • I •'" J . • ~dverte<t to in_the first part of tpis _sketc\1;- b)''. w!lich 'aµ em~n~f;, '_pated -~eg~o, bei'iig :mpre tlia~ twenty:one years of ag~1 wh~ shalt continue within 'the 'state riioi,'e _than 'twelve months ·'ii.fter his .. r_ight to freed?~;:.sh;l l' .h~v~ :~cc~ued, ~~ay,.Jie'ag~in r~duc~d ,to ; · '. ~ .. .' . $lavery! ! Ibid; 436. * ~ The e~isti~g law or'Maryiaud on thi~'. ~1.i.bject; ·takes its·1 date frogi_ the act o~ 17Q6, chap. 6J;~t4e -~9th sec.fic:Hi _o f ~~ich is }n. these wcfrds·:.' "Wlierea-ny person or p~rsons 'possessed ·of any. be' •of healihyor· shall this state, who•are within slave1::9' or• . •.slaves • • .., • by lab9ur capable body;, and ,mirid in sound and s, con$litution w~th the and~raiment, • foQ.d sufficient them .him tp to pro~ure~ year~. for~y-five •req~~sitf;l· necessa;ies .of lif~, ~n.d . ~?\ ~xceeµ}np or.~lave such _ essing of age,andt such p_erson. or persons,:poss h'ab.cl heir, t ' or her his, undef slaves as afore~aid, may by 'writing, . ~nd seal;" evidenced ,by two good and' suffici~nfwitnesses a.t least,' /grant to s1,1ch slave or slaves, his, her or 'their freedom; ··and any • deed or writing whereby freedom shall .be' give~ ~r·granted to . - ru{y sQch.slav~~-·which sl!~ll be intended·tq ,~ke pla<;e .in future,t • 'shall be good _fo_all fote~ts, ~onstructions, aird purposes whatso- • or manumission i'!!'intenc!1::ier, from.the till).e that such fr,eedom . ' . . ' I ~ or ~ ~ ' ... • # 'i ~ , :· The word and, though in the law,' shot\fd be sti·iken' out.. ' '~ In a case of this kind, wher~ a futhre point of time 'is 'fixed ·at which,the s_lave is to be free; it is· plain, he·o~ght.to be r~gardeq not as ,a n ~b~olute slave; . but merely bound to a servitude far years. ~ccording to tJ:ie i;naxim, that tlie ' condition of the·,issue~·de'pends ,u.pon the condition.of the mother, it wf>uld, • ' ' therefore, follow, ._that t~/iss~i- of•f~inale' ;fav,es so ;circumstanc.ed, {nd ·born~. during the period ~f thei; mother's servitude j;_ years, shoi!Jd 'not be .considered·· sla';e.s-for life. Wh~ther such' issue ;hould be held as slaves for life, ~r Shl)uld. be _regarded aJ,fiee1 ~'eems not. to l1ave ·.b~e11 well settled 6,r'tlie co~s- ' To-. .remove all doub(on thl _subje~t, as•ori ·so1!1efoth.er nearly siinilar cases;~-, that from and after tl).e first day of February, 1810/ if any neg1:o or mulatto female'._ •sla;;"e, by _testam~nt; or last ,will, ,'or d~ed of 111anumi;siop, shall be declared to . bi{ free aftei; 'any-given period o(service:- or at any .stip,µIat~d ·a ge, or upon the performance of'any ~-ondition, or on the event or'any e,ontingenCJ', it shall'be' lawful for the p'erson making si;ch last-. wiil, &-~. &c. to fix and, determirie .in :tht; ~ame, the ,s1:.a1f and c,oQditio~;~f th~ issu_e ~1~t may, ,be..-b9m of';uch rregro. or,mµlatto female slave during. theh· period of sei'vice."': ~-o far the act isju- • dicio'cls, _but in,the ne;xt :section,• it is provided;· that ii1 the eient; tl1~t, the te~-' ta'ti>r, &c. ,_ shall ~ofdetc,:rn.iine tlie COl!~tion o_ft~~ is~u'~ f°' ~?r~; they shall' he '. ; esteemed slaves far life!/! ·_ Marylanq Lqws, ~ct 'of Nov. Hl09, c'll. ·171,' • ·see supra, page 18. • , ., ,# • ....,. •• \ . • • • • ... : ( . t . * ,f 1. .. • .. • • �. ed to co~nie1ice ,~y "fhe saici:c1e,ed or, W iting, ;~,tha't.:,such deed -•_and wrifing·~e not in prej'lf,dice' qf preditm~s,. and:t):iat su~h slave; at the ti'm_e·such fr~edom or.manumission shallt~k~·place or com- · )J)ence,: h(f not 3:~ove the .age aforesaid, ind b~ able to ·w~rk,.an'.d 'gain a -~uffi<;ient •1i~eliho?ci and mkintenince; :i~c~rdini _to 'the ti:ue_'intent and m·eaning'of't~is•..act,'. whicli i,nstrument.o~ ~iting'., . shall ,be ackn_owledged before orie justice· of t~e •pe_ace of' the ', · county wherein th•e; persoµ · or ,persons so granti~g such free_dpm' shall reside, .whicp. justi_s e- ~~a.11 •endorse Of} the back _o f stich in~ strume~t tl).e till_le _.o f ,'the· ·ackp.owl~dgrri'ti~t, a,nd tlie party.ma}{' il_lg the same, whicl(h; or they; or \he parties con.cer~~d, shalf. iau~e·to be_'ertt;!'lre,d amon_g.the'~records1oi' tlufoouiity·court, wheri, , , the person Cl{.persons 'granting such freed?in shall reside, withi!1, '-six months afte'r the date of such instrument of writing, a~d the clerk of' 1;h'e 1'.especti;e• co'unty ·co,m,t s ~i.thin the stat~, shall im~ rs~·th~ time ;u:n.'ent,,e1,1do rec~ipt... ofJsiich•i~stp the· upon . mediately ·1 . , • • _,, , . •• , .of )}is ,r-eceiv_ing tbe ·same, ana -shall weJl- !1D.cl t~ly «?nrol s!].ch ci~~f or;insti:umer{t iri} :goo:~· ai).fsutficient ~ook.,'in, fo~fo, to b~ regularly alphabeted in the naµies of ~oth parties; and ·to remain . ii:i the custody of tli,:e said ciei;k ·f9r ,tµe time bei~g, a·mong' th~ • re'coi:ds of the ' r~spective· co'unty ccfu:rts; ·.anti that the_said clerk . ' shall :on 'thi b~c\ -of' e_~ ery_such_.in~trume~t, '. in -a foll, •legible of-tlie and• also of: ~u-. cht, enrolment, make: a:n enclorsement :'.11:i.nd; .. • ,, ' • ... • • )" ... and to ~nrolled, be sµall same t)1e ~ ·,folio of the book; ~-ih ·which fequirir\g per§oµs or suclfendprs~me1_1t ~e_t his· ~an?; the pers·o~ ~u~!J. e,n!ry -p_aying the usua\ efnd, leg!ll f~es.for-'th.~ ~anieP Eman~ cipation is also authorized by J~e saJii.e a~t,- to be made· by la~t •ip'ill,lf;d ·te;:t'arneri'tt ~~bject' lo' the ~¥me· test:rictions whicn 1 ,:impps~djn•case:the ~manci)?atio_n js effecte,?: by cleed;;&c. ~gre'e,·_ ;· ,_.:, .' • ·ably t_o_the·above section_.", Ibid, .§13.i" •. ~- ;, the in to·be·made emancipation directs Louis,ianii, of .state •. The I '>:I, • • • \ ~ _,. ~ nte• '<, • ,1-~~ ! ~·,.. .,, ~-·· .~:;,~.., -.:). ·~~.,., ·:· J .. :·,,_, ,,..:·,'' -'_':, • • ·.; 0 . / ·• ·tn iliis stite, a slave may b~ ~anumitted' by. im;Zicdtion co~tainedin,-aih~_t .wiJI and testame~t: •' Ari' by a, d~v(se of_reai; ~01' a: b~quest ~f pe~·~onil1 p~operty :to, a slave by~ owner: Seef!~ll'l/f· Mullin, 5 Harrif.[! !ohnson'_sRe'pwt~, 199, • In Nort_h . and South Caroli11,:1,; it. wil! be re<;ol}ected, such a· devise; or l;>~qµe~t, 1 ~o far'froin -~ntitling the slave ~o fiee9-om, IB. hel\l to b~ utfe:i,·ly void. . The ,de:1$ well vijb!]ag~, of la}I: the ,c;ision iri' M:µ-ylan'd is1 hO\vever, in _cqpformity with /- . • ·as-to-the civil-law. See 0oke..I,it~. tit. Villanage, § ,205. 0 . �153 new, civil code: manner.,set foi:th in the following Articles of her either by ~n: act/ '~a,ma!,ter_may manumit bis s]aye· iq . t- l~is ,i,tat~, of ,dea,th; pr~; · ift,ter, .vivos, or! by .a disf!b~ition·, mll:de. i'ri. pFqspect under·the' and forms the ~ith vided such manumission 'be -made t; whet; eme~ ~chis enfi~ an condi~ibns pr~~crib~d . by,)a w; but. not ' sha,ll. • ~nd l, for~a . ~ an· made by a last will, m,ust be_ ti'xpress l~ , sucl;i. m~nt, l:>j {~pli~~ _b y:~ny other: citcunis.ta'n~es ?f th~ ,..test~ ip to.rsh execu y 1 of •. a legacy, an in'stitutiqn ,of' heir;,· testamentat c~n:· be sliall case other dispo;itions.o[.t hi;·natg1:{:, ~hic hjn s~c6 The· m~n~er· sidere,d as jf they .had not been !1}a1ie." _,!lrt. ~84, .~man~ipation i~ • to be, obs~·rved .. l;>y _the em,a~cip~tor, (when·the er :who wi~he~ ~ot by a last.w ill,) -is thu_s delineated: ".Th e .mast r~tion o'f ~t~ decla l..e.'a a .,m_ to d. fo em~ncipate. his ~lave, is ~oun the judg e es; resid he ~ wher h int~n ti~Jo tpeju dg~ of the 'paris by._ ad-'. days f~rty g durin shed must .order not1.ce of it to be. pJbli ~t the.'. if ang.' , house c,:mrt yertisement po!lted at the door of the .rautho shall he , made ~xpiration of this d~fay; no, opposition be T-~e _ ~87.' Jlr~. ize _the ~aster,.to, pa~s th~ ·act of ema,ricip~t ion." t11eless, to , never ct 'subje are rred, confe . thus rs powe general sl~':l: u~le~s"t?e ' 'these limitatio~s: , '~,No ~n~ _can e~a~ c.ipi fe hi~ ,h~s behaved slave ha~ attained the age ,of thir~ y ·yean , * ;md cipation;" .fl.rt; 'Yell at least for follr ye,ars '·preceding his eman his mas,ter, his ·185, exce pt" a slf],Ve'Who-has saved the .life of a one '·' ma_y mast er's wife or one ,of .hi,s ch,i{dr.en_,"for' such,' • ' '186. ·.Jl.r~, " .age. he eman cipat ed at 'any 0 . ' . ,i • '· , • e act 'of' the assembly of • The bearin g of this la_w, lias· giv<;:n rise t,o ·a privat m •as' am(nig the imprefreedo ~r c~nsid to omeq Louisiana, which, to ~ne accµst d· act allude icable . The inexpl seem may res, ' ' creatu l rationa • of rights • scriptible. • ..·.. • '. ,., I • and ;,'' slave's ertain c · of l/ission man:ul the ize to, is' entitled, ." a\l act to author Where as 'M:ma Miu-ilia, a free contain,s th~ fol.lowing recital and ~i'iactirtertt, • ''. , has presen te.d a petition Rquge Bato~ woman !)f colour, ~f th/ parish of West 1wb of lter cltildren, one it manum to ized authar be to . ' g to the legislature;, prayin Valery; ,of twentyjliUr . other. the named Teren ce , of twenty-six 'years of ag~, and whilst thf safd' M:\ria • en begott ~nd ty, proper vwn lter year; of age;b~ th being mity, of.the existing , confor in as, Marth.a w;s•in th~ bonds of s!av'ery; and where ha•ve attaine d a tliey until itted manum be t laws of this. st,ate, slaves canno Martha, &c. ~e ll;laria the saiq. c;rtail,! age,' ,thefefore, be it enacte d, &c. that &c." See acts · &c. en, childr two her it manum a~d she is hereby authorized to ', ' , ,, •• : • • ' ,,' oj' assembly'ofL ouisia'ri:a -intlte yearl8 23; page·3'6, ' ' ' • • ' • 20 I - �. \ 4..54· ' ' W!iiile treating cih the subject of eµi'a~cipation, ,with ref~renc~•• 'to the laws:~{Louisian?, it is due to the framers of the new civil .. whom , it h3:s code, as well as to tp,e le'gislature ;nd people in -this· ~ode, provisfons 'sever~l distindly notfce to adopted, _been is usually that]. slav( the to e bep~volenc greater whicp: ~vidence a· c~se meet to . • Tpus, , , countries. ing exh~bited in ·slave-hold that cpde, .the article-of at]. is it occur, which may frequently of right the a~quired. has -she after ~' the child ,born of a' woman mot'!_ier, the. of iticin. d con, _ being free-at aj'uture fime,' follow~ tl!e FIXED for he,/ enfrar,,ph isement, •·._a nd becomes Jree ·AT \ ·. .THE 'I'IME • even though · the mother should. die befdre that time .." .fl.rt. 19~ .. . Again, "'rhe ~lav.e who h~s acquired the .r,ight of' b:~ing . free· at a future time, is, from th~t time; (i. e. <~he period when the ·right is acquired,) capable of receiving by t~stamen,t or do- -nation:; •Property giren-Qr' devise~ to him, must_be preserved-' for him,' inprde~ to be delivered.to him in ki~d, when his ema~cipation shall takt? pla,cfal . .,In. the mean_tiine, it must ·be admi• '' '• •.nistered ·by a curajor..'' 'jj,,t. 193. ey C ,. ' 11 .- . • �+ . ' _- OF 'THE LAWS-. OF. . . ERY." ST.AT£S R~L~ T,ING ,,TO ·SL~V THt ~NITED . ., . . ' TAT~ VES TO CONG RES~, &~: ON THE:A PP~R TI~NM E·N; OF· REPR ESE'N ..... .. .. - . ~ : ·~ - - .:· , ) ry,h1to this.cou~try w~s, as.if THE intro~uction of negrd slave policy of.G reat _ ha,s been already stat!id, a part ·of.th e colonjal e, and ' at the befor _long Britain. It has b_een a_lso stated, _that t; in e·ach of exten me so_ era of our ind~pend.ence, it existed to , the e~i'Is ution instit an· •the original sta~es of-the U n_ion... It was elj/ felt, sever w~re of which, at .this latter··pe1'iod_, in particµlar, ublica·n a'.rep · of ~~iie its im:;oinpat!bili,t y .-with the ~pr:indples an,d ived perce government Wa$ too palpable not _to '.be 'genei:ally some the _case~ in acknowl~dged'. ' P~evailing, howeve.r,- a:s was di~tate of sdund the wis it s, other in states mu.ch ynore :tlial} lea".e .the .w;hole t~ ress., Cong T -Fiii.°s policy, on the ·p~rt of the ord.ingly, w4e~ c Ac. re. ~;asu nal ;SU~ject _unaffe<ited)y any natio pendence was· ln<le -of'.· ration Decla "the tn-iginal . draug ht of the t, wh,ich umen inst~ s. i h. t ' of _ on·· pr~s"ented t? that bodyj •:i" porti coun,t fr er moth the of r_eprobated in strong "language the 'co'n.duct 401{ • ut. :en-.o strick lation,_was entir elf slave popti on-t~ --the .. in relati I . ... , . een betw . n i:atio • afterwards, -in 1778 , wh~ri the articles of•confede 1 again ~as slavery 'th~ s~ve;a~ sta,~es' 'wer~ a~oP.ted;: th,e topi:c of ary ut-ion reyol carefully exchide_d.' ',But vv'hen the perils ·of. the, of patri~tism, _ isi exerc the ed 1~vit _ peace confli ct were ov~~,: ~nd ~ f • - •• - • �I • .;philanthropy ·and: religio,11; in: th~ ~form:ation of ~ mo.~e :st:,tble , _and mo~_e ·,perfect ..sys'terii'.'of go'\;erimie1:t, , by ·which \Vere 'to be ··reconciled the jJlrring··ete~ents ,incident .to a ;wide-spread coun,·try, · people_ci, by ·,inha:bifant~·- whose educatfon, 'w·hose iutere~ts a~d who_se religious cr~eds were different, ith~ consideratioQ qf • sl~very :w,a sforced UJ)C)n Hie co11ventioh,. .·J>oiiti~ally speaking,, :a majority pft!w states wauld,have been'b~n~fited· pad t,li.e ~a.me _r;autio'n been observed.with iespeet to the Dfi~titutjon, ~·hi.ch 4ad beeri'. pursti~d .in''refere.nce to ·the Declaration .oj',;lndepe_1i;. . del!·ce:ai;id. th~ ·dlr'tic/e,s--of;Confeder~tion. :• 1'.ne ~pp6ftionment o[ r_ep,rese_ritativ~s ~m,,.cirig th,e 'Sey~i:al f!_~ates, -"".~s~ ~oWeyer; a ~ub..: je,ct of sucp, prnmi.nence;'.as ·t_!> cla~m.:the_earlj.~st, attention of the corivention . •• ·.1n:a~ -evll hoilr; 'the~inportant ad vintage 'wl1.S con~ • •. ced~{ fo th~ .sfav~-.poldin~ ~t~tes of i~clµdingrv:vithiri the enume~ ' 1~ation .of i1_1h:i!3it_aats ~y whJch the·.ratio ohepr-l=;sentatipn was to be ·ascert~iµed, thr~e-fi/th_s 'of-those:'J()ho were held in/sla~er.y. . For j;he, surr,endel' of right, lll\;olved: i-n _th:js'anolllalo~s arr~nge~ ment; •the large ndu~slave:holding states, such as New y ork_aJ.J.d • Pen.risyi~ania, obtai1; ed -~ot :ev~n a nomina.f .equivalent. ~ The provisiori.~elative·to direct ·taxes, ~he~ view~d 'iri' all it~ bear•1ng~, . i_s •be1uifici:1,( to the sla~e:..h~lding rathei than ·l o ,tl!e · no'{t~Iave-holding ,;tat!;ls,' ;The·•.e9.ial repr.es¢ntation of th'e states in the !'~n.a~e; it :will ,riot :oe prete.~ddd,, COJ)fers urn\ue povver· \lpqn ' r-· • • , ,· , ; ," The late ~onour~61~:Willia~~P~ter;on; ~vho w·as ·~' member ~f the con~ ventj.o,n by \Vhicli' tlie coriititutid~ of: tlie __u 1_11ted State~ w~~ _f~~ed, sp~:ikiilg pf the·mode which is presc.ribeq b'y ti{at instrument .for the regulation of ilirect taxefsays: " ,The I!rovjsion Wslf1!1ade in:Javour ?fth_e ~9ut!1em _sta~e's; Th!!Y_ possessed a large number of slaves; they had: extep.sive tracts.of territory' thinly ( s~tt;led and·not ".ery prbdu'ctiv; . . A µiajority of the'litates liad but few _slaves, a11a several of them a limited terl'.itory~ w.~11 sett1ed, iind in a'~gh siate of cultivation: The So~therii ·states;· if no . provision had be_en introdti:ced in the_ . constit~tion, would hav_e· qee1; ,vholly, at th; metcy of ti).~ otper•state_s._. Con,gress, in such case,, mighLtax slaves, at discretion or arbitr,anly, and land ).n ·,every .p art1of· the Uni_on, after tij.e ~aine rule:or .~e~ure::..:_s·o rnuc.h • a head in • ,he firs_t ins~ce; and so rni:tch an acre in the second. . .To gu,ard tKem agaiRs t iinp~s~tio1{ '.in ~h~~e_. particulars, ,wis the' oj irt,tr'oducing the clquie in flte . constitMipn, ;whi~h 'dii;ect~ thl t representa,tives and direct.~a:i;es 'shall•be ?,pportioneci among the states, according to th<,ir respective niuubers.", 'See 3 Dallqi Reports 17-t· · • ·• '' -, • · ' • ' r• , ·' • • ·' I reasqn, ' '! •. ' • ' ,· ,, i �this the ,• .LARGE n~n-slave-'holding_ states . On .the contrary,·, which in , to have beew.the result of a co~pr o~ise is of the small- states only;"-~as con·s uftel • .Jt :wa~ st intere the ; ·d~epied neces~ary; in or~er to , pr~serve t_he fyde~ati;evsystem • bJe, _;was indisp believing. as . ens_a. and, . rpose' ~t .this.pu . . I do~..•that. for . never~ ·great as .was the ·sacrifice•·on· the.:pa rt of the large. states, , : • , made. !;been -_lia'V·i ~de, 1-conc .th~less,.itought,, sev~~al .• -, Tnis Ja:tter·.pri'n_ciFle,-'of ~qtial'repr~skntation ofi tt~ 1 nonsmall ffie of nt conse .tn~ ,states in t~~ . S~ri~te, . induced· licau ,repub iri·a Jy anoma ~ous s{ave-holding _states to the monst by ,tl~~~i< ' . government of th~· legislat~ve _represen_tation of ,sldves bility to piausi give to • . m<;isters. .. No argum ent can be.adva~ced :ca~~e · the y, this ~ticle pf th:e constitutio~. , _It has bf:~n, .alread re.th!'ld cure' e s. pf incalculable 'd etri~e nt to the l),:ttion .. •. :It has eH:eo,t like .-cogn1tion of. slayeiy_ in Af.issouri7°it' may qper~te the· p. ,i n other territories equally enriched ,by the bounty -of Heave • ...:._the like fit ,abodes of. ~he chi}_~ren of freemen. kn.°'vn: 0 t e· •_.,,,. - �,f58 . . , ION ,•-. OF' ARTICLE II, OF THE -CONSTITUT ON THE NINTH . SECTION. • ; • ~ ~ ,,. • ,. < ., • • / ~ ~ I : ~ • " ' STATES, . OF THE: UNITE9 ,. . ;.' •• , ' ( 1,.0- . a ' _A; th~ adop.tion qf the -constituti~n, majority of the·s(atesi had but fe':'7 ~iave~. In_seyeral,_acts for:the ~liolitio~ _ofslave·~y ha.4 peen passed: These states were politica!Jy interested· to oppose'the further importation of sl~cves. The ninth·section o/artzcle ·seco~iwa s _accordi~'gly ;inc~rporated .in th~'. ~onstituti_p~.: it i~ : i1: thf;:!se ~ords:- "The migration_ i~p,ortation o_f ~u_9h_Vi~s0!1s as· any of the ._ ~tateS: -110\-v existing shall think proper to admit, · -~hall not pe prohib1ted ~y the Congress prior to the y~:i.r Orie. t~ousan~ eJght_hundted .and ~igJ;it, but a tax may ~e imposed Ol;l 1 _such importation, n~~ exceeding tei{ do}lars-for l 1ach ·person.'" ' ' ?r ' ' . - 1"- , • • . .- . ,c '\ • ". By-the article of tb.e: -~onstittition·j_lI~t quoted, Congre5-s w_:ig,pl'€:ventt;d • fr?m passing any_l11w. to prohibit, prio/" !_o the ye~r ~8_08; the 4Iipoi:tation· of slaves into _tlie Uni(ed States, Y~t, 1_10 restrai_n,1: was imposed,upon its power to prevent µer citizens from -en·gaging in the·~lave trade for the supply of foreign ~o~trie,s. . Ap.d a =ventian 6f rleleg_atf:! from the :0.bo_litian 'Societjes °established in the ftatesvf Connecticut, New.,York, New:Jers,ey, Pennsylvania,1 Delaware, and .Maryland, 'having assembl~d 'on the first day o[Jai).uary, A. D. 1794, at'Philadelpliia, addressed a memorial tq,Congres§, ·x:equesting, " That a·law migl~t Q~ passed, pi,ohibi_ting·t~e t;affic carjied an by citizens of-the: United Stat~for the sup: ply"of sldves to foreign ,nations, an,dpreve:hti7Jg Jor~igrier,s /rom .fitting out iJes_sels for 't'{ie slavelrarle _in. the ports of the_. United·States/' , Tlµs memorial was.acted tipon ~y" Cop.gress with great promptness, 'apd on the 22nd day-of March, of the same ,ye~, ~JI ~ct of tli.is bqdy;was· p:,iised, which pro\1ibitl'!d, 'under th~ yenalty of the-forfeiture of the_ship a~d·, a'fin_e of two thou~and dollars fQr eacµ person ~ohcer11_ed~ any citizen of the United States, or any f~rejgner, 1·esirlent ; here, f01: hi~s~lf'; or fo~ ~ny_.othe7 J.')~,s.oh whatspever, either -~ ma~ter,: f:.tctor m:.own~r; froin buildihg;:equippi~g,./it.!); any, v~ssel w_itliin any port or pJace in. the U~ted states'. or catisi11g1, &~-, for·the·purp<>se of cari:ying on any ti'~cfe :~r • tr~c. in slaves to any.:roR:&IGN ·cou:li'l1RY: .(ngersoll's . .Jl1J1:idgment, ti70. 4nd aftetwa~ds, (May 10; 1800;~ it was made unlawful for ;ny citj.zen· qf thi.United States,,or oth~r "p·ersoh resi~ing within t~e-sam~; dire~_tly or i,ndirtctly, tci lioid ahy right ~iproperty in a vessel employ~din tlie.transportati~n df ~lav~s from ' ·ortefor.eign country to-anotl1er, and a penalty·,was incun·ed _by violation of-this a �159 tion As,Jh is articJe ·coi)cerns tbe-~lave h'ade; aild·n orthe cpQdi it itself. inuntry, of'slaves iµter th.eir introduction into ~~r.-co • hand. in . t has no i~med iate c9nnexi~n \~ith , the, subjec on cer~in l~ws fia~e )Je~n enacted b'y Congre.ss under the saricti nature as · • of it: from.which consequences-h\!.:ve e11su-ed bf sqch a to _Jo requir~ 'more:th an a/pa&sj_ng notice, particularly in regard 'ill_u~.the .$ubject treated· ~fin the first p_ar.t * of this-sketch. ·to the of ,il ~·de1:3 minut a , re _re_,q~f -trate _this point '~:,t~isfactor!ly, will a also :is to, d allude ss congre f provisions contained in the acts''o 'of some of li~s issemb the\ careful examin~tion ~f several acts of ,· ., theiildividual states -~ft.l;e .U~ion; . • is,.. ess, co~g~ of • The time fixed .by law for the a~nu'al m~eting inTlie _ • it wil~ l;>e reci;,llected, t4e first Monqay. in _December. h, terval:·bet~ een :tb,is date,"in the ye~r.1807~ an4 tha£a.~.\'Y'hic t hy the ter~s •pf the ~qnstit~ti~n, the.importation ofslave.s .migh 9f -be interdicted,. was, s~· brief, that.it was. obviously .the-dict?-t~; t, subjec a· ' ntous mome so on.· tion, legisla • wisdom to begin with , dingly Accor n. sessio ng i . preced before th~ expiration of the :which by , 'passed was ·act an on the secon,d of Marc h 1so1; tne _ such importation from abro,ad; was-utterly pr~hibited· after .. eight,, and' ed hundr ' first day of J-l!nuary; •01_1e thousand eight . . :aut - ~ ' - . • . - ., I •· ~ . . hol_d, , &c. and a fi i1e of -•act; of a forfeiture of f!uch ·~hare or' right as he might and, also, •a-,fine vessel, . the in &c. right, r o ' share such - •double the value of any time, -might at _equal to twice the value 9f his i~teres t in ,~ny siave. whicl\, United StateS: -the of s Citizen &c. essel,. s;uch'·v .have 'tieen transported 'i~ any 011 b'oard' (l.lly vesser employe'd in ~e s~rve fo en ·forbidd -act, same the by were, two'. ~housahd dollars slave-'trade, under the penalty of, a·fine •not- exc'eeding . .. : 3. - • • ;, • 672,67 Ibid year~. tng'two exceed ~ot t si:mmen ,:\.nd ofi,mpri seii-, the e evidenc to is ote, n · this o( _My purpose i_n introducing the subject States/ in regard to . timents o_f _at ~east ;i majority of -the.-people:of the United be ?erived from inay point,, the slave-.t!:adt. •• .A,dditional ~uth:ority·•on· the, same , 1803, entitl,e\i, • 28th, ry Februra pa~sed was ~othe_r act 6f Congress, whi!'.:h ~nto c~rtatn_·states; - _"An· ·a ct· 't<i preven t the iA_iportati~n; .of ·cer\31;i -perfons .• Tliis•l;l:!)'; tJ1e _purwp.ere~ by the laws_thereof, their admission is prohib,ited." d a, ·co-ope ~designe was, title, th'e by ed inti!_liat ly obscure but is which .-port_of laws which effect into g carryi~ n i · ment, ration ori behalf of the Federal Govern ,tlre non~nd ldirig. slave-lw the (botl1 states, c Atlanti our . by d had oeen ena<;_te ns indom~o gn· forei fi:om slaves •slave-holding;) to:p\'oiiibit the imp~i·tation:•of -· '. 1 ' ':.. • ' • 1 ies.. territor ¥e especti 1 to .their •" ..• ,•' , -See st,tpra, .page 19( as 'l I' �The da(e of this le.~ding· act ev,~11~'es; in:an ,unequiy,ocal m~n~ ner; t~e strong and general repugnance felt by the.people of the United States· to the sla\re trade. But,'w}tli«~ia•firm persuasion .of the truth of this remark .COmP,els ~e to ojfe:r it, ~ cannot' forf;_, bear ,t_o a~d, thl!-t, ,viewed a~ ·wh9Je, the -~ct ,is ~o,il'{~corda~ ~e~ su_ppo its of ~r as ,to invQlv~ in no little obscurity the c~~rah for .perspicacious ·foresig~t. ~n _a,nalysis of ~t~. ·provisjons ,wil~ , _, , • • . ., • , , sufficiently elucidate niy 'mea~ing., . The first. section .is short, and being_the grou!:i'~~"York of w~at_ fo~lows, I .will extract it verbally< . " .From and after the .firs£ , day .of Jan~~ry; ~ne thous~nd e.ighj; hundred, ;hq,_eight, it shall µot' be lawful . to import pr bri1,1g into '-th~- United ·states or Qle" ter~itories tpereof, fr~m 'anx for~ign . kingdom, place 9r·country, ,any Qegro, mulatto or person of colour,_'with tntent to hold, a seU or dispose of such.,n~gro,, D?'!llatto ,.o.i;-p~rso~ of c9l~ur; as sectio~ second The . ?-' slave; or to p~ held :to service or !abour. • prohibits any p~rson ,after th_e ' fi_rst d~y· pf.J~n_!lary:, _18~~, for any in • e'rned c con_ hinJ,self or for any 9ther person ; from being wh_atever, in buil.d~i:ig:, eq!,)ipping, &b. i vess~l; in. any port, ,vay , ~c. of· ~he· U~ited Sta:t~s, for the purpose of carrying: _o~ .the slav·e trad~ ,; and for a tra1_1sgres§io'n o_f .this pro~ibition, auth~~ rizes, a·- forfeiture of . the vess.¢1, her ,1tackle; . &c. The third . -s~ction enforces th.e re~tr.iction -in . t~e secor',,d,, by iinposing' -~ .fin; of twenty tho,u~ai;id. doll;irs :.01i el!-ch pers~~, who _shall i contra,vene the. object of .the preceding. i;iectio};!s;~ . The fourll of tation impor actual · :th~ -s~~tioq Js speciaily. directed against ~lav~s.- And it,is.,in __the ,provisioi;is of 11,iis section~ dial the di~as :Cordanc:y, _I have spolien ~f, -~~ i,ntrod ~e~. • It 1;11ay be gi;v~n ~son e p_ · follows: · " Jf any -cit~_zen of the 'l:Jrrite~' State~,.~F~J ny ,t e~id.ent withi1_1 thejuristlictio~ of ~h)i, same; sh~ll, from and·a,fter the first day of Jatmaty, 1'808, take, on boarci, -receive·o:r trarrs• port,. from any Q( the, coa~ts 'kii:igdonis of Africa; &c. &c. a~y negro; ·&c. ~c. 'i~ any ship 'or, ·vessel,' 'for _the purpot e of' selling them in any _port, &c. , with.in , the juris~i ction . the·, U n~tt:d I ,States, aJ slaves, &c., or shall,.be in ·any -Way aiding, &c. such &c. , ~oll~r-s iid citizen, &c. shall forfeit .ai},d pay fiv~·t~ciusa 'A nd i}either th.~ i'in~ and the ship, -~c. shall ~e for,feited, .porter, nor any. person .or persons claiming .fro~ or under. b im; a or ~w ~c. · Sic: �161 shall ho_ld any t ight or title w~atsoeve~ to any negr~, &c. who may b~ imported, &c: within -the -United 'States, &c.. in violation of this l~w, but the· sarri,e sha1l remain subject to any regula~ tio'l},s, ·not co.ntravening .tM_provi#o ns of this ac,t, which the territor ies at any time legislat uref .of ihe·.several.stat es hereafte r may make,f or n1s:eos1NG of any suckn'egro,.mu{atto .• ,. · " • . • ,, , ·or per.son.of-colour .'' - , Had the act-~topt,here; though' the meaning wpuld have b~e,n ob~c~r~~·as tQ what was to ·be ,underst~od, by the.authority give~ to the different -sfate and territorial legislat\)res to make "regu(lati,ons, not ~on~rav~nihg the provfsions o/. the acti -FOR ins-_ have POSING o( any such neg~o,;& c," yet, I conceive, -it would riegro d, importe beeri hel_d as the·.prop er c~ristr.uction:,· tli:iit the cguld not -be retained as a slave. But the sixth' section removes· ' the ob~curity of the fo.urth~ and . explains the intention "of con-· ~~s; to have been, that the negro; &c. {hough illegall y import~ - ed, yet if · so direcj:ed ·by the stat~, legi~latures, he ·and his off- ,• ~ • spring, -should be· regard~d as absolute slaves!! ! •• orpftted. ·be to _ nt jmporta tdq is it but long, is The sixth se~tion r, shall ~hate·v~ . persons ?r· I t is as ·~oliqws: "If ~ny perso,n 'or' seff purphase 1808, , f_rol!L and after the first. day_of, January ~o. be or slave, · a r o £. any, negro, m~latto, or ·person of colour, d or importe ·been held -to s~rvic,, or labou·r, "',ho shall have • fr~~ o'r , cou'ntry • brought froin any fore'ign kirigdorp, pl; ce-or t~ g th~ ' ~omir;ions·of. ~ny_,· f~reign state, immediateJy. adjoinin the U riited Stat~s, iµto any po.rt or place "within the jurisi:lictio~ •• ' _of tli~, United· State~, ·after the .las·t· day of D~c~mber,' 18C>7, knowin~ at _the time-of ~'tich -_ ~lirchase or sale, . such ~egro, mulatto, or 'person ·of col_o.ur? ~ as's<? ~fo.uglif ~ithin· the jurisdiction Qf the U nit!'! d States as aforesaid ; such purchaser and seller sha~l se;erall y fo'i-feit; ancl_ p_ay· for eyei:y negro, mul~tto or person of col1mr; sq. purcbase.d, &cc. as afoi:esaid ;' eight hundred : doHars; one moiety to the Uqited· States, &c.: Pro1.1i_ded, .that the aforesaid forfeit'l!, re sha(l not extend to'~HE SELtiR OR PURCH A~ER of ar,,y neg~o, -~ c: who".may', D_e s'o ld or dispose iof IN YIRTUE or 0 OF . A NY Rl:GULA TION W H~CH OJ' 'rJ{E. L E~I S~AT U,~E~ • - • •. . ,' ',. _- ' MAY H.E RE AFT Ei BE MADE ~-r A NY oft.he sever~{ stat es in t hat res;ieii.; I N • ·2 1 , : , . ·•·~ · - ••. : ... �f62 and the co'nstit.ution -0f the United . , States." "' ,, • ': The le_gi~lature of L?uisian:i. _w·as nonardy·ih i:nprrrving the privileges thus, preposterously ,conferred by cqngress. By an a<;t,o( itssembly, passed.,March 20th, 1809, if wa,fenacted, that' 'every negro, 11},Ulaito or person oJ;. cblour; who had been. poste,: -., :r ior to' Vie first aq,y 'oj Jan1.tary, ,1808, ' or ,~110 should be, ~t any ti~l':) thereafter, i1;nported ·into , the territory'· of Louisiana with intent to ·be from any fore:i'gn king~om, ·plac~·or c.'tolifltry, ~, t? service..,~rhel~ be ·\o or . h,eld, _sold or disposed of, fo'r ,a ·slave, ·. labQur, either foi: li_fe or for-a,term of years, should 'be _sold by, vir~ •t~~-of jud~enb°t' b~ ren,d eted ·hy th_e~r~itori~I' c~t]r.ts; :before (whom-proof of such 'importation shoi.1ld be·inade, and that the , proceeds of sucli sale should b'e deltvered -,into tl3.e -h:p:~ds of the J re~surer 'of t~e ·. t~rritory, to be ~fter'lyards' disposed of. as .the . leg1slature might ,deem·proper~ · l " Ma,r tin's .Dige:9{,,qfi4. •. N qrth, ; ar •Iaw; the Carolina .and , • i;;··.l!eSpeciively adopted·a . former •. in 1816,_ a'!Jw~vd'1 Manual, . 545, et seq. ; ·the latter! ·, , , •• in 1817. I?,rince's ,"JJig,:st, 463. : ·Public attention hatl ,'not yet been- at'tr; dtecL i the· inconsis· ten'c"y 'o f the ·act ~f COJlgr'e~s whicir{have 'iiidicirt( ar·- A;d ~hat ~ay· ~eem nof'aJi,{tl!t s~rprising, on the 20th: of,1\.pril, 1,81·~, . another ac~ of c,ong r_ess wa_s passed,· imposing~~ ore ~~vere pen~ alties, on the prosecution of.the sla:ve trade, bµt r'e-en cting •the pdi~~s sixth _se'ctiorn, of tli,e-'act ·ofMarch:2d~ iso1, ,and re~o'g-_ PURSUANCE O.F Tipfe' ACT, J • ' • a • ' -,, ' ·,'. '. ' .•:. < ': ' ,~ ; .~ '-: /.),. ; ·. /:1~: •• • :-,..... • The act of Geo gia, contains· a provision, equally just i!nd' hmnane whicli ' ... Having that o{r'.'tiuisiana. t ~fNorth 'Carolirla not to.be found, in. ' the a:t .• ..,. . ,. . ' ~rill' ' authorized the governor to-make ·sale of the unhappy .capti;ves;'who, ,though illegal(y impoi:t:'ed, were, nevertheless subj;cted; to the: c;ontrol of ,the s41.te le- •. , _gisb,tur~~, an~,'mjght':b~.,..1:iy: th_eJ,TI, consign,~d }O inte1~inabte ,b~ndage, tht; ,;, subjo\lled,'section was "added; 'Uf 1p1:evio?,s· to any s,afo 'of, 1mch persons o~: • ·" colour,, the society for •the colonization o~ ,free -persons of· colaur within the , Uniited State~, will _unde1~~e _to .traJJ.sp~o.i~ tliem to ,~ric:i.; or any , (?ther (o. reignjil:ice which they, may; procure as :i 1colony for free persons_6f-colour a.): the sol~, expen e' of'~.d =.society,. and sha~ ljk'ewi~e pay to !}_is l x'?~llency the gov:ern_or, all exp,enses iric.nrr~d _b y tj.ie stat<f since they Jfa~e, oeen captured and condemned,. his .excellency the gove1-nor·is .authorized anci requested to,aid in •;· promoting the _.Q.e ne~olenf~; iews -i;ir° said soci~ty in :such manne~ as he .may , • ,, 'deem' expedie nV ' · Ptince's fllgest;f63, - . ,' jg ... �163 '. te ,legislati;~t;~ on this sub- • - niz ing the 'laws of the s,eve'r al ·#;, ted upo~-! !•_ See Ingersoll's ject , which 'nave just..:be en commen • . . • ·, : .!lbridgment, •680 . : • •. • • ,r The . s. crisi its ~eichedTli.~ evil, ho~ev!)r, soo~ afte~-~ ards , slumbering stice, a,vaked th~. repefition of s_~c):i monstr.o,,u~ inju Africa: aµd the shme congr~ss ep.e~gies: of the friencl's of l'njured passed, was _i.nduced to· byt which _the act of 181 8 had .been e tr~de, and, _h~ving done re$Ume the ·~onside:ation of the ·siav d the.president, ,at'his, 'so, by a law of Mar ch 3d; 181-9;authorize rmed :Vessels of the Uµi _ted.· disc,retion, to c~use any of the''public.a coasts of the employed to cruise. 01; _apy , of• the .~tat~s. hl er to·-sup-ord in ica, Af~ of t ,:Qnited States, , &c., -or :on the coas should sels 'ves any n whe . p es the_slave-tr ade ; aad <;Iirected that ld.b~ . shou the:y &t_. , on _board be -~r ~d , ·having _negro'es, &c. el vess e ckth whi o dist rict .int delivered to the· marshal 'of tfrn ted Uni ,the of t por ~ould . be a ,mig ht be brought, if th°e• same -~ to· an agept whom the preere, wl?, else in ght States, aµd jf brou for s·uch 'purpose, &c. ,An d sfde nt i!:i.s elhpowei-ed . to _appointt to ~.ake such ar:rangeme~ts autb orit y was ~1ven to tl;e pres ideh the· saf,e-keeping, s~pport; ~qd, as 1:i,e· should'thinJ/ e;x;pedien~ for ted ~tq te-o f such negroes, _ removal 'bey_ond-the, li7!1,i{~of tfie Un{ e~ vessels, · wh,icn mig ht 'es-., ·· &c; ' An<( to ,me et the cas~ of slav \resseis, it ·w~s en,acte<;I., that cape ~eizure f~om. the pµblic armed s}ip,uld l<1dge information wit h whe n any cit,izen or 'oth er·p,er,son ~t of· any st:')-te, _&c. t,h at any the, a\t t{y .gen'era) for. the ., istni .. cofi.):.rary t~ .tlie prov1~ioh~ negro, &c. had been imp orie a, &c th~. sla;ve trad~;-.sucli-~ttorney of ,the ~cts f!)F tlie supp~essi?r 't:>f llffience a prosecution, '&c. a,nd , s~ould be oou1;1d f01;thwith to ~O! person tha:rged.,wit~ ~old: proce~s::~as to be ':issued -~ga~ns't'the verd ict ~f ajury , }t sh9uld •irig such negro, &c, : and if\1pon. _the &c. .had· peen import~~ conbe. ascertained, that, any Sl)~h-negro, it was · ~ade the -duty 9( ~h • trar y to the ac,t s 'of co~gre~s; -~c. ... e-th e _said negrOC/i~ ._&~, co~rt ''O direct 'the' Iriarshal, ~ &c. to Jakject to .the .orders pf t,he su_b into his qusto'dy for safe keeping, act also grants to • '.rhe ;• J,w. president of the U_nited States, ,&c. negr~/ thu~ d~-.. eaph dr~ for the inforrirer'a ooup.ty of fift y dol( l. . See Ing~rsall' s.4_bri<j,g~ liv:ered into,the custody of ·t he m~i:sha ~e �-164 ment,.'683. And~lastly, the sectiQris of.the former acts which cqnfe;red authority UP,0!1, •the ~tat~ legislatures to dispose o.f t,he, iLLEGALq· IMP9RTED 1:iEG~OE~, ~ERE ·RE;PEALE_D. * .- .' ' .. • ·, • t - - • ,. . t "~j,._ '\ . ·, ' • ., ' , ~- . • I ~. Notwithstanding this rep~al, t4e 61:ate of Alab\\Jila, on first day ofJa11,ug,ry, 18~; passed afi,att;entitled, "an acit to carry intd ejfect-the_laws ?Pfl~,United , · States ·proh,ibiting the slave trade." The provisions 9f this extl;lordinary viola. tion of the a,ct of congress, are·s~iiar to those compriseq in'the ~cts ~f Louisiana..:. and North .Carolina, ·upon which I have, a:liimadv~rt'ed, authorizing in express: ., ' • -..1 ' \ . • , terms; an agent, to be' appointed by the g9yernor of the state, to sell'for the benefit of th~ state, ; all persons. pf ~olour . who should 'be brought int(! the . U.nited States; and ,within the.jurisdi_ction of Alabama/ contraJ.::}' to tl).e laws of". c~Ii~ 'prohibiting the slav,e traie!t ! ~ •'lbulmin's Digest, 643. • -: • " • • • .,. - • • : I • • • . •• • ,: �, l CHAPTER .HI. • TO .,.i'UGITIVE. SLAVES,•!, iELATIVE • 10,F THE ACT ~i CONGllESS • ... . ' ' ,;;. ' ,_ .. . di; .ihh:teen f ,-c~mpose(o being eitt ~ .: Tai: Pede;az- Gov,~rn. tip~~ ~ud independent sov~r,eignties; i!l. four of w~ich, befor_e·t!fe.constitution_9f tjle U nited·States ·wasJramed·, slavery had been_ abolishe_d; it was deemed .expedient,to secur~-by .a stiI?ulati~ri to . be inserted. in ~_the c·onstitution, ··a. right in· the citizens of on,~ _ stat!', whose servants_.or sla\"es sl!ould. e_;;cape' (roni. .. .their-maste'I's and become residents of'an(!ther state;' to recl_a i~ such fugitives ancI. _subje~t-them again to bon4~ge: • This stipulation: is cpm-_ prised , in. the third <Jivision of section. 2d, article 4, in •these . • w~rds: "No perso~ held. to service ,labour in one state urider the laws thereof, -escaping into: a_nother, shall, in conse,que_nC_l;l of any law or regulation therei_n, be. discharged . from such, ~~rj vi!!e Qr labour,. qut shall be delivered up, on claim o(-the~party •• ' '. tq whom such service or labour m,ay be due." ,. . Upon the authority of this provision of the constitution, . an •act of Congress, dated' February 12t/J,, 17931"ha§ .bee~ pa~sed, which, in its actual enforcement,. is_the,sburce of·bitt~r anguish to.its immedi~te vi~tims, of -~ plorable excitement among. th fre_e colourecl 'p.opulat~on,~and of pa~nfoJ sympathr and·.regret 'to the: humane and p~tr:iotic white,citizen who may be. compelled • _ • .: . ' • to witness the spectacle. . e~I's b _ which TJie part of the ict of Congress-just ment~oned, up~n 't ne present' i~quiry, is .as follows: "When- :,t· pe~S(?n held '. taJabour in.any ot thl;l .'Uriited States; or in either of the territories_on the north-west pr·"south of .t he river Ohio; under ;,he laws, t~ereof, sb~ll es~ape in~q .a ny other_of the said_sthtes :or te,.rritories,.the persou-to wholl_l such laboQr or servic'emay ·ije due, his agent. or attorney, is '. h~reby empo~er.ed to seize :or ·arresf such fugitive_from iabout, ~an'd . t~ take him ~r h~r before any judge of, the cir~uit or .district courts of .the United .Stat~s, magistrate of a' residing.or -being .:within the state, .or before· ,. . , : \; • or ,I any �166 county, city br ·1:bwn corpor~te j w~erei·n:s u_ch ' seiz~re_'o r arrest mad_e," and upori' proof. to~the· satisfactio,n_ such judge shaU or magtstratJ, eith~r by oi:al testi'rriony _or' arfi~avit ta-keri b,efore and cettifietf by a magistrate of any such state· or ter,ritory; that th~ pe~so~ so seized or arreste-d~ dbth~ under tp.e la¥'s of th~ state . or terri_tory.f,rom w~ich'he cir-she fled; owe .!3e'tvice .or-labQur, to . the 'person claimingi'him ot her, it shall be the du}y or' such j~dge -or m·agistrate to .give a certificate.thereof to such claimant; his agent-'or ittorney, _w.hich' sb:all 15~--sti.fficieht 'Yap;ant for-re~• µ1oyin,g :the said_fugitive from labou.r, to thi stat~ or t~ri:itor-'y, {i:om wbj~h he or 'she' fled." 1,,;,ge1·~ol l's''Jl,pr..iaftm~nt, s10: •· . • • Pennsyiv:ania, f'rom 1-i:~i ,Ct;>nti-guity' to 'se~ ' the' slave-holding states, has, pr.obably b~en the_forum of most of the d~cisioris. which Jiaye ,been made . under this law. '•Th~ records, of bu f few.'of t~ese have been 1;res~rved__:.a in~jori'ty, • however, ~ unfortunately, -b:aving;{?c' U~l'ed ~efo_e,justices of {he peace, sele~ted )Jy, the:'claima'}t-fro lieir know11 willftigness lo subsa-ve his.ii#re st,--rath'~r than to a~minister. .with 'ii~parti; lity the au.' , ,:.. .-. / ' thority del.eg~ted to ~them. . • on. of the·' constttl.lti the f . .atticle' th,e ana , Tlie act of. Congress th:i,t-the , connectce' y; ~ssential1 sci are cited, ·united States, abovi ·made ·be.Sn liave alludetl/ naveI :j';ldicial · decisions : tt?' which ; I other. to·tne "as·' o~e ,the to _ generally as ;n(i'ch . in reference • • .• ti"~. assifi-c «! shall, t}:ierefore, ·n.ot atte~pt :i'liistinc • pr~th'e to •Tpe first case of an 'imp_grtant character,, as' r~iafe~ . at rte. s~nt chapter, W~_s ·that of J3utler vs: Hop.p4e'r, aireaa· in~t considerable length: . It was tli~re said, .by Judge Washi~gt,m,, • that "the second section of the fourth article:, (i. e. 'of tli.~ on per;on no. that ' de~lare~; Which States,) t~'d, 1 n. U the ~f stitutiori held to labour or.'service in one 'state;· itnd_er the laws thereof," . ESCAPING . in.to another; shall,. in cons equence of ccny taw • • tlie ·to' exten'd t ~o' did therein, be discharged from such ser;ic~, · anotii"er· into c·ase 0f a sla~e vqluntar ily carried · by his ·master staNi~ .a11d there leaving •. him under the pI'ol~ctio~ of some l~w, d~~lariog fiim free." 1 Washing ton's Gire. 'Court Rep. 501. '· . At October term, •fo23, ·th¢ principJe of the decision in Butler vs. Hopper, was aga,in nic;~gnised .by Judge,, 'Washing ton, on an application preferred by J. W: Simmons , agreeably to of. o~ • • - t. ..... " •• 1 ' ., �a certificate th~t _the act ~f Congr~ss of Febr_u_a ry W, -~ 793, for was .proved in · Ja.mes Mathist., a black man, wa~ his' s~ave. lt les.ton, Sout h this cas~, that - Simmo.,ns .was • a ci_tizen of Char a fe'Y yea'.rs, . ithin tiU\v ly, ner~l ·ge, l)aro lina, and ·~ad lived there house, and a took _ ia, delph when he came fo the city of Phga 2 .fames was . . ~ince ever ~ity }¥Ith his f;mil y--b.-ad 'iesid ed in the pf his time the ~t . arid . admitted to have b_een- hi1:1 slave be.t'~re 'to' him b}l ght brou ,been t9 hav.e • ,. ,· leaving _Charle~ton, and as,. snch . • - J .re"' e 'Judg the , fhila delph ia; in 'June , 1822 . , Yp.om.these fact~ ,·saying, that . ' fused the certificate, and:dismisse'd' the apP,lication e slaves, and . th; aci of Congress appli e¢ excFusively 'i;yu gitiv g]!t/ rom one . n_ot to th_ose whom their 11'J,~sters·the;n8flves brou • •• · ·• - · , state,_..tQ.fflJ.OtfMr: " · ·, • · , th~ ·h~e.nti~th of . ,A thira!-o~e ~~~ ,lie· ad_d~;eJ ; decid_~<;I;o? of the DisFebruary:; 1826 , l:5y J_itdge Barn es, now .Pres ident up'on th~ ia; delph ·Phila of mnty . _trjct C.~u~t fo~ ·the sitf and 'i c~ clai~ ed was ~an, black a n, following facts: · " Mars hall Gree Bu~ {ofin of &c, ator, pi'str as -a_,s,a e . • lter Buch,f!ll, admi of time the at .and e, qefor secl,· w'ho for m• ny years ' • " chell, dec~a If. " • . '. yland Mar. ty, coun l of '0eci . , his decease, was ah inhabitant ., . "' . es, Barn e Judg e Abou t four years P,revious fu th~ hearing befor ~dabsc~ hall and one year b'efor'e the deatli ·o f Jo in•Bitchell, Mars t until.August, from hi~ ~a§!e'r's r~didence, _and contihued, absen !1~9 carried back 1825, when he was i,trf ested b:y Pete1-tBuc helt, tqok 'with hjm.. toMa'l'y{~na. At th~ time .~ h.en hlr absconded, he s. Ater slav:e bl:) to _ 9 s al_ ~ allege : ', his ~ree ~hildren, who,.we:re Biiohell, , J:eter , 182§ ~ ugqst .in.A - •Marshall"s. :~etu;n to Maryland, ren; child these of ss'ion posse : thenJ iis master, .i n order to obtaip 'with hi';,,, ed rnish ; ga~e him P.."'~fl'issio;,,,,andf~r '~ha~purpo~~~tl ise,·, .• a PAss; tq .come iq.to I'enn sy;{va'J?,_ia~ upon his expr~s.s1nprom • pur,-, .th~ ssful th~t; h.,e. would, ~thi11 a certain period, i( suc~e ssful, succe f 1!ot suit of .his chilaren,. bring tb~m ,to his mas er~i --granted by the • nce l10~1:; of tiiiie The_ lf. _ he wou d retur n himse virtu'~ • ted! s agah1 arres :Mar. ,.s'[i.~ll'y;a r'-l).a •. g·expired, maste .. ' .. liani:e with '• the·· of a warra· 11 ·ssued by Judg e Barn es, in· comp H;h o(P~ ;n_: •dir~~tion,s. of the at:1 ~Ias~ embl y·of the.-c:omm_on~ea re '4jn1 for befo, • ght ,brou and ', 6 • sy:l vania, pa.i;sed ~/ll'c ~ 25th~ :182· ration ,' re-· . delibe . for ti.me a hear._ing:· The .J udge :having takeI? ' • ,., ,. ,, • •i • ' • f • ' ' . \ • ,.. ~ ~ ed ~ ~ ?, �, !,used the fortificate •appli_ed •for by_ the ma-ster" under the act 1;1f <:;oog~ss, upon, the ground, which w.as ably supported in ,the • _opinion he'pronou~c·ed,. tliat' t~~ act of pon·grest;(did not ernbrate 'f case like 'that. be{o~e. him, inasmuch- a~ l}farshall was not a fug_it!~ s1ave....:.had, not_ " ~scaped fr;ori1 one sta:te i1_1to a'noth~r" : .; : P~tt, 09 his master's cp11iSe11,t, haifleft Maryland' and come • • 'into Pennsylvania. .. •• • ~ ., •.. ; . . •.. ~ .' construction ·of coosi\ier,aple importance, . h;s ·been placeq upon another .portion 'o f ':the, act by the Supreme \ . . . of cong11,.ess, ' . . Cou~t of·Pennsylv;uiia, in a ,ca~e brought bef9r~ it in 1819. The {oll~~ing i$ t~~ ·reporter's · stateme~t' p~efixeq to. the deci~ion of the court;.. " Tliinv11s a_writ·de lwmin(}. replegiando; sued out _by the plain~iff, a C:oloured. i:nan; against the defi'indant, w,ho was the keeper of the prison _of. th~ city and county, pf Phila,delphia"-• ' . . ap.t th~ ~~fondant's couqsel now ~oved Jo __..q~a.s hjt, ·9n t~~. ·grqund .o~ its having i~sue~ _contrary .to . the. cpnstitution ant/, • . laws of; the .U,ni_ted Stg,tes. 'l'he. facts~'Y.ere sybipitted to the . col!rt-, in a c~~e . stated, by. which it appeared, th.at. t~e pl:1,~ntiff havin.g been claimed by Rasin q ,q]e of, Kent "county' in ,the st~te of MarylaiuJ,. as f~gitive_from' bis service, was-arrested by !i~m,..i~ the county of 'Pliiladelphia; and ,cartied.before Richr •ard l!~nshaw: Esq, justice of the peace, who .cogt~itted the ·plai'ntiff_to pris~n/in orde~ tha\. inquiry' might be,made tnto .the ~claim··of the said Gale ..• •-The plaintiff~then sued out a.habeas · corpus, .r.etri,rnabie b.e10re Thomas, .flr'l}'tstrong, Esq. an assqciate judge•. of the Court of Col)lmon Pleas. Ju(ige .flrmstrong , h~ving '. heard-the part~es; g;¥El a, certificate,, that it app~ared to him~ by su.ffic;i; nt ·t~~ti~.ony, that tJie phiintiff owed labour or •slirvice .to said G11,(e, ft6m "Yh,ose:_s~rvice', in ;t_h~ stat~ of llfa'ryiand,. he:had abSGOn1,ed, and'. the sai4 judge, therefl:)re, in -fmrSU!1nee 'o f .th~ a~t of the cpn'gress of.. t:he United :states, &c. de~ ) iv_ered'.thei said certi~c:i,!e. to ~he said Gale; 1p. o:rd_er ,that the p_laint~ff·might be. -removed to ihe. statt of Maryland.') Th~ . _c qurt having held the case 'upder adyise~ent for several days, . <lirected'Jh.e writ to -he <jua:shed, on the gto11R;.d, -that ·by the ;act . ·of co_n.gress~ .th'.~. certifu;ate'of t_hejudge,:,was con<tlusive eyidence of.tli.e right ·o(Jhe rijJste(to r~iµ ov.e--t_!i.e plair¥ff .to the _sta.te of -· Ma/ylapd, an:d~ ther~fore, that no ,writ. of a ·ci,;ifnature could ,, ' ' _ .. _, . "1' • a ' • • • ' • - - - \ �·,16,9 be.' issue<h~ iqterru,p t the 'master iii tlie \ixercise of _th~·:,p~}Ver, cori,ferre<;l .upon hJm_by th¢.i;E;l~_tificate: _1fright, otlu;rwi,se:9a~lell Hall vs. -D~acon, 5_Sergeant St-Rawle' s 'Rf4ior.ts~ 62-4.- -~ , • -But the·, constittitiori ~£ the· U n-i{ed ' Stat~s ·does not ·exeiiiptr'unaway sJaves from'-th~ p~~ai·I'a\ys ot'a stafein :Which>tlfey: m'a:y happen to 'flee upon escaping· fi:,~n/theii ;masters. _As/ where ·a -~lave ha~ abscorided r.from-~is ,master, living-i_n th_e i fat~ ,o f~Ma~ 'ryla:nd/ an~_was aftei:w:ari:ls conffaed in prison °in ·fhe .ci ty 'of' ,a~d b;i_star~y, 1:fhi)a~elph ia, u~~n the ·char~e of forri'icat_i<m Supreme Court ,. • mitted during'-his 'i:esidence in Pennsylv_ania, refu~ed to deliver him to'his ::qiaster; but ordere5t' hirn. to ·be d~- taitieg, to answer th1f cllarge. which had: bee_n J?::'-d~ ~gainst ~im. :-,. . (fas·r of the Oom,mrinil?..._ecil!lt,·on the rela:tzo~ o/3oltnson;' a -ne~ gro vs; Holloway, ::J Sergeant'4 - Rawle's Reports, 4-6. ,,Andi see for a similar- _qpinion 9·_.'J:ohnson''s (N. ·y.y' ilepor:ts; _-· 10; ·, • ' •••• ~ • ' . ,: '' Gle1i vs. £!odges._••·. of' ·court Supreme tlie by 1ease, in tliis. latter... _,\ , But, )it ~ as'i1e]d • . , • ,., "'t.. , .from absc61ided had slave the state of New Y mik, that where ·a: 1 his master liv'il!-g ' in th,e·· staJ~cof -N ew Yorl~,. }~;~_f1ad take'µ re~· , • foge in Vermont, fuat 'a:~citiien of, th:t's latter · state, . who hill.' tr~ded· with hiip. u~d~r the_belief_ that he, w:1.'s free, ai1~.as .s:uch had giv~.n -credit .to' hifo o; g~ods, c~ul~ n~t 'i~sue,civil ·p;b cess tc>' prevent the nia:ster· from-~reclaimirig:him,'_inasmu1:h·:.as a slave is, iQ law, incapable' of making a.contr'.ii,ct.'*' . ~- -. ' l : _:' : ~ • i .• Much .complaint •l:i~ving · beeµ ·made ·against ju_sti_ces of_tlie· _peace apq alder!llen Jor an abu_se ~f the pu~~ts giv,en .tO: _therii -by_the.·.a cf ,o.f-congress, th,e legislature. of·Pennsy lvania, passed '·. an act, dated Marc.h 27th; '1s20, l)rcihitijting them' f;_om thel:~r ~ • • ther:exetcise_of' these'pow«frs, . A nd on the _25th ~f M arch,.is26; the _$UbJe:ct of;al'.{e~tip·g Jugiti~e 'sl11ves,hav ing been aga,iri brought/ iri a '.very; ,e:X:traorqi na~y rntlriliei·, beJore 'the· \egislatue, a law was pa~sed, which; besicles ·the re~ei;actlneht ot ,tbe prohibition _in ' the act of ,1 820;' conta'ins' .rna:riy ,other regul,ttibhs which,- from,. , , _,,, , . .• ,· . th·eir °rmportance; are he1:e insel'._ted~•- ·, to. lalfeld ,person ·a when Tliat ~·c. enacted, "Sect. 3. B1ft the' -Of --~it,her ·t,~ Stale~,-1~ l tT;e·:unit~c , o( a:ny bour '~T service in' -this i'nto escape· ~hall territ_ories:the1:eqf,, up,der _ti,e 1~:ws thereof,_ ~ < . • ., ' • ., • ,., • _,, , coii- tpe i " ( • ✓ .. \ , "· ' - _ ;• 1 ~.' , I, , •• ." • ... ~-s ee sup1·a,' nage 6'1. 22 • - \ / ' ' J '• • 't • , "~ '. \. ~ �~ , '. , ~ • '....: • •. ·1., .,. , ~• I, . coni:nionwe:rlth, ,the person to 1whom such labour or service· is tl~e; h~s.'OF her"'~uly authorize,d' age~(9_r ,~ffo~ri~:fi',co~f,tiitited;in wi:itirig) is· h~reby_liuthorized -fo. il:RP.tY to any Ju.~ge, ,"just-ice of the' p~ac.e, · o..r aldernian, who on .such ·applicati:<Jp, suppofi1::RJ5y •the'·oath or-~ffi,r~ atiori' 9( .SQCU cl,aiJIU).nt, ~ot';utliori'ied' att~rri~y~ .~s afoi:esaid, that thet; sa~d-.fugi~iv,e'-hath esc.aped from h~-s °?r ~er :~ervice,: or:fr.(llP' 'fhe~_ser:vice'. 0£:the persoh for *-honr he :is dqly ·. constituted 'agent or attor1_1ey; shall.issue· his warn-nt u~d~~ his ' halld ~nd ,sea}, l!,nq. directe',tl tq·th,e sµeriff Or' any,consta~ble~of -ihtj .proper c/ty, o? CO~tlty;· ·au'thof:i~~ng' 11ncl empowe,rhig' sajd ,sherift,. o-r··~o'iis'table; ~to'. 'irrest and seize\$aid ft~g'itive, who - s~a1i be· ~pn~d i~!s~if·w~riint ;ai}d •fo brirtg_sa~J'firgitive ,bf fore~ ju,dge of th_e pi~per, goU:nty, ·_which said \varrani:' shall he; ; in the forni or to ;the. effect follo'l-vi°ng~ ' -'Stat~ of.(>ennsylvapia; . ~ •: .' J" ,:~. - . : ' . co·u_n ty~~ss:· ': Tlie edmmo'hiv~a~th-,ci( ~~rin~~ •.- ~ i "' • . ., • sylvl!~ill ' to ·the- sheriff or a:ny co~stable of _cpu,~t~\ ~r~~ti~g;_..-~w~~i,e_a_s _it . ~ppe:oj's··oy .th~ oath; _~r' iioJemfr •• __that. •.• • • 1•• affirmation, of • , , '. (if , . . , . . -: ' • wa/ held _.t~ •Iaboilr or service, to . 'i ' an'd .. :..· • ~{ tat~' S ' ..., :. ~.: :t_ . . coimty; j n the ~ .·•' ~ . : \. • >• - ·hath _esc~ped ·fro{h th e)abour tl,lat ,the said ·-,;i : . _· , · _ and serv'.ice of the sa-id ,: , • -... ,,--> · ' '' :'-•_. J • '· ·.' YQtLare a1<:'mlll~lld~d\ o·~rie~ran'a se1ze\ lie b~dy-of·th_e::said , '. '.- r: ' • ff i he'be'. found')ri ·yoQT c-0'uuty~ aniL • ' . ' •' ' I : 'b:r:i11g"liitn1 for;thwith~; 1i·1yfore',~l).e '. perso11:, is~uing 'th,~ -lY~~rant; ' if a . jildge~ ('or''if a justic~ of _thtt,p'eace ·o; alderma11) before· a judgeof ,the COtt~t' of ·common' ple'as, o; of th~ , district court; _'as ,the , • ,c~se,inaf be,'·~f your JJl'bper co(i~ty,- ·of re~brd~r:-of a. city?· ,so thaitn~ Jrufli .~( the,mafter •Itiay'by.J_~qti-ired iBfo; a1,1_dtl~e:-s~i,d :· . - • •. 'b_e dealt -with as the-constitution' of , ,- , la~vs ;thi~-- commo~\efealth Jirects; _I the united States '· and '\Y'Itn~s~ ou.r,, ;;id j ~1dge, ( i r ~ldennii. n; ·'or j'ustfo~/ -as t~e case ' ;- •. 'this . ' "; day' of . • •-µjayhe~) ae·:' > By' ~" • • . · ' • ' ,; aiid. l· hu"ndret A. :D . • one thou~arid eight ~r~ste b, may . •v irtue-of s·uch war:,;:ant th~ p~~son'.~,aprnd tµer~ipi ed, by t he.' pr~per' s~el'.iff, or consta~1e, tQ, 'w hom" the sa@e :shall , be 'deliv~red .w-ithih th¢ prop~r .city or county: ~. .:-, - . .::, · . s·~ct. :I. Be it en~'cted, q-c: That.no judge;· justice of the'. peac~_ •\_ .' • agent or·, '<· , ,. • - ' I \. t l • 0 thtr'ef~fe th~ -·~f -'• ~'- �171 .' " Q( -~y -' -or 7a]d~rmah~,'shall ) ssu«:; \a -warra nt~ on ·tJ1e -ilpplidtio~ unl~ss n; -~~ctio third l·said tp.e ih i:ded proi ag!lnt or,l},ito rney, a$' ~th Qr ·o. o'wn jli: h _ ~ t , op additi in lQ,e ·sa}d:agep.t or._ ~ttor!1ey_shall, e, (ugitiv the_ of ant' c~aim the affirmation, .produce t;he a:qid~v it of aoth~rm pea,ce' the of _ e •taken before,.and ce.rtifie'd by~.1,t justic, ·t~rritQry . gistrate a'uthorized·. to ,a4".)lini~ter . oaths, ir)- th~. s~ate or the ~erY ~ -in\ vnich such claima~'f shal,l reside / and,accompari~ed a~:. to ~ Jitfc_ate'of'. Hie a~tp~rify?Sf suclij~stL~~ or _oth~fniagi'str~te,' auth~~mi~ister_C!atlis, 'signec;t PY 'V,ie 'cJer.lf or protho~ot_ary, ari:4 _territo ry, .tici!,ted_by -th~ seal_of ~' court.of recprd., i,n S~CQ _-s_!ate or service the to :tie, ,nt's-ti clauna a:id s ' the '.k hich,affi,<,lavit shail "s}ate of t~e pti~~ dese~i _ and ;ge nam~~ o(suc h fugitiy e~ and· also the . " ·>:< : • , ,· ':-:. • • : e. . perso n of such.fugitiv pf any ·., , • Sect.-:5:".;:.(Je it1.~~acied; Jfc. _That 'i t.-shail be th~e-'d~ty e·s ?r.i~sµ gra,nts e h, wh~rf :judge ; justice ·of-1:h!=! p-eaiw 0~ al<,ler:inan, act~ this f o ' n sectio third. 3:ny ,w'arra:nt under the pr.ovisions-:o t the ' he t.o make a: fair,, r-eqord on ' his ao~ket, of tl}e same, in which on· , ~ rso, the.·pe of, nce, ' shalf enter -tli~ name and . ·pJ~c~ of resid¢ ;nd fa~te~ g : whos~ oath-oi: a~rm!ticin- the. sa:i1.'w ~rr~int maP: 'be _ pro;visions 'the under ced pr91l\ been have shall it_ affidav ·, a:lso if'an idence . of the.io urth section of this"act, the name' and 'place of-res p.tion descri: a~d ~ge th~ ~nd, it, .. ~f the· person _ma:kin_g such .affidav it, affid~y ch i,µ in ine!,l cc;>n~a e fvgitiv l : of . the pel'.SOn pf the alle-gec f thereo y ed·~op c,ertifi Jile ft~r; a'ud sha:11 w~thin ten, days therea iis se§,sio 1t -qu~rte al ige~er . i n, tlje ofnce ofi the cJe~k or the· (iOUDt·of 1 y; ~n_d o{ih_e~peac~ o'r_mayw s ·bourt, :o~ the pr9~e_u i,t y Of count ,. ?,r yef1:1s~ . apy Jµdge, J,UStic~ ~f the_peace qr ~\(!erm ;rn, who sh!lll ~ shall~~ n, , neglect to col:llply:.-.with th~_- pr.ovfsions, o( ,this ~ectio conon - tteerired g~·i lty 'of ,a misdeajeaµq r _in/ office; _and -shall; ofthe ~jqtion the/eof, _.be ,sent~11ced1t~ pay~ at' the ' 1iscretion hait'to cme s, cfo,llar and tl:iou§ 'op.e g ceidin -}court~ 'any stira .h.ot•ex an4':the ,other h~\f ·the _c th,e:pa:rty' prosecuti~g fo~ ·'.the .same, \!OITsfablf;\ rec~iving and qr_ f comnio~wealth ; and' that.~ny, sherif ut um:iecessary , delay, witho executing ~tp.e s;iid ·-warrant; shall t~e exi~ car1:y-the _pe1:59~ afr_esteii! 'befor~ the judge , accop,Hng to re- , ~liall 'wh? b_l~, genc-y _cif:tlie w.arranf; ·and any_sheriff or consta be f; th~req /-use or,~il (ully neglect so (o, do~ s~all •9h, conviction exhot •sentenced .tO" p~y, at,t~e;dis"dre!ion 'of the co1:1rt; ·a:ny sum or • ' -~ • .). ~ ' . -· , . 1· . \ ~... a to �i72 -. ' ) c~etling.five. hundred dollars, ,one. half _t~ the pady, pi'os;ec,uting fQr tije ' saine, and .thl -Qthjs!r' l1alf ,to,:the commonwealth, ' or'·shall . als~. b~_;sente~~ecl i~~nris.oiime.n t; ~at h~rd lab\:mr; for a time ' n0Le:xce1cding six.i'uonths; or-l)'oth.:.. ._ ,, -.:::: • ~ :: ✓ : ~ect,.' 6,.. ·1!f fi_~~a-~t~d'(~·c: ,That thf ~~idfugit_i.v:e 'rro~: labo~r01;:'. §eryi;ce, wl'len so arre,s~e1.~sh~ll ~e t,~_ought before_a:·Judge,, as, : aforesaid, .and upon proof, to the satisfac;:tion of such '.;udge, that _tl,1_e~ p~rs_on .so . seiz~iJ •or, arrested? , ~otp·, ,,1;1,n:!i.e1:: the lti._w_s .·of ;the , state ·?r territocy from ~h~ch _µ~ or. s!).e':fled, oie, service. or -Ia~. hour to the .pefso~ <glairri;ing-hiJn qr..hl;)r, (t_.shal( h_~ the duty of sqch judge.Jo give ~ .c~~ti.ficaJe·therepf, .tots~~h claimaii1i, ;hi~ ~.'fJ-i. - _,;,., \ ., , t- . - .her dµly; autl:!-oriied~agent. or attorney,w.h,iclt shall,be sufficient wa_r;artt fo'r.rem:ovif!g tli!;l said: fog1tive to·:t he state',or te;ritory • :t'r~ni :iyhich lie ~pe -t'i6cf: Pr_~id.£:d, T~-~t the 6~th of. the~~~ ner-'~ or,o,vne~s, ?r other _prersi:m intereste\l, s-4.:;1.ll in.11~;ca'se, be~r~c~iy-", ed in evpl~nce, J~~fote-~tJie jupge, _on;, th~ h~aring of tne ·c;se . . ••• _ , S~c;( 7, Be i(enacted, -~~- .'l'hat--~p,en '-the fugit~ve, shaJLbe -, bro~ght .b.efore 'tl}.ejudge; agreeably to the prcn-~isions 'o f _this acti ' and ·either party-allyge, an_d proye to the satisf;ction of _the sa~dj~dge; th-~_t _.he , 0~-1 ~he~i( J;l':)}:prep~r;tl' fo~ tr~aT,, ,a·n~ 'have tist~nii~· 11y nf~tenal tq't~e m~tfe~ m COl!trover.&:f thatc_a~ be o~tauied ,m · _ -fllay• be .l:;iwful; unless security, a ' reasoria4le time, ; it shall,, a~d, , ( I '. , • , ..'·~ ;.. " .• satisf~ct'ery _t9 tl.i.e,sa1dju9ge, p,e giv!)p,. for the appe,araiice of the , 0 s;'i:d f~gitiye, ·or{ ~ day ' ce'rtai_rr, ·to ~om&i~:tne:,'.s~i~ .fugitive to,; tne common jail for safe. keepi9g, there to~pe ~eta_inectat the ex- • pense t>f, the .'o~i1er, agqnt:1qr attorney-~·fqr ey,_1,u~h ~ime.as, the saiq· judge.shall think teasohable andjllst, a~d to a~ay cer_taip,. ih~~l _the jaid f~gitiveshall be~~rought b~fore him ? J<. ~"ab~as :ei;irpµs ~ in.'the _co4rt housepofrthe propm~coupty,' t>r 1n.term t im.e~- at tl!e chartiber 9f.th-e . said0 judgi,. for fi~at heari~g •ahc\a\l.judfoation: , Pvo~itled; -That .i( t_he adjouinmen._t .of' .the .heat.in~ be_-ireq~este~ by.the ',claimant; his:.agent ~t:fr; att9rney,; su.cli'.adjo~rnmeri! s)ialf not ,be :granted, m-fle~s the ,- S(!id_c1; iwant, ~is agen:t·or 'at~oi:hey, _ shall "giv~·secl!rit);: , satisf~Qt~ry.:_to tlie judge, l:~ ,~ppe::r,.and .pJ;O'-< . s~~ut~·:hi( cl~~~' · !1;e - day_ to w~i~4 the :hearjng ~h~ll he''l cf-_ ' jo\1rne,(l: ,'PrQvided, __Th11.t 9r:i: .the.hear.fog Jast ,m~~tiqined,~if . ~hez judge C,!)P).mitting_the said · fugiti've~ ,Gr .ta~ing: ,th~ •~quri'ty.: as_ aforesJ).id, ~houJd be_absent, sick , or__ <.> ther,".i~e imltgle tQ att~ndr., ' . -. . '/. ~' ' . to: - I <. -: .. ,, -.. - - ,.., . ' . ~ • I' • ~' , ~. ~ or' :9~ '--·· .•• , ' I •' ~ ' • ~ ' - ,.,._ • \, . } ,. - ' . ' _,. • ; '• �,173 it ~hall .be th~· duty of eit}:iet of the 'otli~:f jµdges,>on•'.•rlofice,·given; • td attecid to the ,sa~d~hea,ringi arid to d~~ide', thereon. Se~t., 9. , Be i/en'q,cted;. ~C,· T~at . no .aldern.i,an. ·oi; Justice the peace, of ;this commonwe~lth .~h(l\l hayeju risdfoti on; or _ta'J.{e • c9gn~~ance of thi case ;of ~tty Ju,gitLve from labour, .from any ·<rl; ' the U"nit~d States- or territor ies, un~er _a cert~in .act-of, coiigres"s; '. ,passed op. the twe_lft!i d:ay of Februa ry, one tlious_an9 seven huh~ d1:e·4 an,d nirjety-~hree,_e0:ti~ed ''A~ ~ci i,:especJingftigitives from , j'q~tice~ and pers~ns esc'api?gf~om the ser".i~eJ>{ t~ei_~ m~ster .st ..11or·shall ·any aldex:man o~ Justice .of the p1:ace~ of this commonw~~!th, is~ue ·or~gr,~Qt .any ~erti~cate,:or warral!t of, _tem_o ;al, (of apy·such fugitive .from lagbu:r, as aforesaid, except ~ncthe mann·er • an·d t0,the effecfprovi,ded in' ·the third. section' -of >this act, up,.on •. • th;·,aµpli'c~ti~n, -~ffid:ivit or te~~nion;i ,of ;ny ,pers,on'. or15ersons whatso,ever, unqer ~he :s_aid; a~t ~f ~ongres(!, ,O,! up.dej:'1a ny other 1aw, authority or act of the rcoqgress of the United. States; and if ,~ny 'ald~trna~~ d~sti~ e gf the pface ofthi!..comi'i;ronwealth; shall, ;e0ntravene the_provisfon,g_'q f .th.is act, take :cogniz~nce .'or jttri;-. 1 diction ofthe case of'any Sllch 'fugitive ~s aforesa,ia; ex~ept ,in. the ' ~anner 'herein'l:;·efore-~iovide d, or- ·shall , giant or issue any c~rin ' either and l ~s .i{foresaid, then: . , tificate ~or~~~rran t ~f .,re~ova .... ._.' ~,) . ana office, in meanor e misd. a 'case, ;he shall. be deemeq. guilty of .shall Qll co'n,vi,ctiP_n thereof, be sei tenc~d: t~-pay,_at·t~e di~c~e~i~n of the court, · any sum riot,Je~s than five h1wdred dollarsi nor ex~ 't- . party. prosecti h~lf:to~the , the o~e thousand'~·dollars c~~ding ... ,,. .. one , .. . ing for' 'the :sl!:!lle,_ and th~ ~thex: lial~-t? th~ use of t\~if'colllm?r-: -. • " . , , . , • '. ' ~ · :wealth: - , ·. • ;-. • , Sect, 10_. . Be it en,aated, ~·c:,That it.sh,all'_be the:.a~tj/q_{ t~~j~dge or re.cord~r~ ~~:~ny '. ~~µ;tpf r~cord:-~f this co'm~~n~v~~lth,' -wh~n -he gran~s or issues·. any ·certi~c'a,t e or w;arrant of remilval, of ·any _negr~ o~ mglatto, ·c1aimed tc) be. a fugitive fro1~-'i~~our, ;i to the state .or•.ter_ritory.from ,vhich he' or she"'fled;-_irt'·pursu'ance'· of at1.~c~ bf C!?Iigress, passed ;on the t*elfth day 6_f.Februhny;:o_n"e thous.and ~even hundced and niri~ty-thtee, entitled -''An :;!Ct re; ' spe~ting fogitiv~~ /rom 'justice, and per~qhs, ·_ escaping from,th e service of_Jheir masters,,,, and, of ,this ,act?. . tq· m~ke a fair.reco_r~ of . the ~ame, Jri ·w9,ich he shail • inter .the Q'~me, . age, si:ix aU:d a of tlw negro ;or mur'attQ,Jor o( t,' he person' gen:era(d'€:lscri _: . 11tion. . , . ,>' -. . . :or ""\ ~ ~ { ) ~ �.... ,,174, . ,whom he sh.all grfnt such c~r1;ifi;ca# or. w~rrant of removal, ,to-· ,gether 1Vith the evi<}e~ce and t~e h;mie of"places ci( resi.dence_ o~ the-witnesses, 'andi he party _claiming -such negro or mulatto, arid ;sh~hvithin ten' days ,tl,lerea(ter, file ~a cer~fie,d ~opy the~eof, in the office of the clerk' of the .~ou;f of, ge!leral •41.l;arter sessions•of • the.peace, or mayor's·coi.1rt:oftl,le city.'or county in which he may . '-' ... • , . 'te~ide)' .,,' ' _' ·.,, •. :., ·.: • ·: • ;':, , :· But, n.otwithstan'ding the tendency of th~se regulations, is lo . throw ar,ound -the -,Person -cl!l-foied ,as .a fugit\ve slave, a mu-ch . gx:ea:ter security than ';he before possessed,_ye(sinc,e, by ~lie de~ cisiol_l of .t]?e 'Supren_ie,, p_o~rt of the s~ate, the certt~~ate of the }Lidge,, &c. •i$- tq be"x:eganle~ is,~lasi_veit'!lidenc e of,.~ _rigl_it ,in . the individu'al to ~horn if is •granted, ,fo remov\:1 his ,captiv:e (o a laqd where his very _colour _is. his condemnation, it is manifest, , thateven,in Penn:syl~ania,.great'inj.ustic~ 10,c~l~ured,pers~ns..~ay -still be perr,etrat~,d ,with imr,u.n}.ty. :, :t1ut -in-those ~~ates,. J•y~ere justice. of the pe~ce, with,' l>l!rha_p.s, no oil\i!r k11,owledge of ju, risprudence than·trre alh1c:ist,bouIJ,dless extent of hi.~-, p~wers:, and . • p o regard fop his r,epu!atio~,~~cept whatJhe drea:d, o_f p1,mishment ·· may, inspire; . sits, if he s9 pl,~ase, in the privacy of his chamber, the sole axbi{~1~(i/ the law and t.1~ fact 1 ~who "will ) ay, , . .that mdnste~ling may not be prosecuted .under 'the panoply of ,· , 'the·l~w.? .a 1 - ✓ 1 l ,.-_. I ,. _:. .• ' • , •, • �1.75! CHA PTER ·JV.' <• '- ' I •, _., > NMEN T OVER TH:E OF -THE JURISD lCTIOI 'i' OJ!' THE FEDER AL GOVER STA1'E'S. • lNTQ D FORME S. NOT YET ' TERRi TORIE • ,. I, ,.· ,_: ,· .. '-••'\,·} ·~. es with· for~ign powers,, ·and by cessions · By '~ev{.:lral -tr~ati . • ' T:, • . Fede- . from ma11y of the 'ongm al ·states of the confederacy, the l and , ·lawfu rai' Governmenf has~ at different times, •~cqui-req which peace_able possession of ;i. vast e)tt~nt o.f. ~ountry, mucli of 'fer- ' is 'not-ye t fo:fme.djnto states, but is known by the name of t is. ritorie°i. . ;Over the'se · Territ ories, ,the Federal GoYernmen ju- · ~xpressly ,authoriz~d by the·c&hsti t~tio~ ;to exercis_e entire is' , tution consti the of to, d allude risdict10n. The. provision· ~11 ~ake n9a , . of; e~ ~isp6$ -this: '';' G~mgtes~'shall Have powe do other, need(til .rules and regulations respecting the .'territ ory ·or U~~ ·, ,3. § 4~ .flrt.· ." prbp~rty·belonging to th~ _United States .. ;cop.di e impos n le~s, therefore, 'the tr~aties. and acts_"6 f · cessio Tenrithe over ticins, the autliority 9f"~be ' ~edera:l Gover~men,t inten_t, tories,, is without•limi,t, And .such is no~ only the p1ain, con~,. ofthe r l'iut has been the uniform con·struction ·lof this' -ar'Hcle• . • · . •, . stjtution; ' / · hapThe territo,ry north;we# pf the r,iver ·Ohio, was c~ded; t~etl' per'rni be not sho1,1l~ ,y pily, upofl: the ~ondition; t~at,, slaver ory ·territ tlie of n ces_sio of deed there·! ' On the c_ontrary, the .:. o£Ten .. stat~ the time s so"j.tth 'of the same ·~iver, formi,ng ·~t'thi n \yitlii .'it . te .tolera to· ~ nessee~ •made •it . imp~rativ_e on Co'hgres' al the limits of thaf cession: The -treaties by which the Feder ;bnas; Governmedt 'derive tit!~ to Loitis iana .·and the Florid • - ·' tain. np P!Pv'ision,on the subject. ., .' - . . • • , • · . :of a • With ,respe ct to Louisiana; previous to the.formation United state ,<:>Ut of a,pa:r:t of its territory, "it,w;s "competent ,t~ tp.e n the ,withi very of.~ia ;ti,;m institt1 States to have ari~ihil\lted ·the, to· now her f.or etent ·comp ·is ,whple of its extenshie borders. It the within rised ·comp do ~o/ as.,ti:i those~portions which are not I . ' , ... -~ ' 1 1 ' (J: • ' ' •. ' -. . ., �116 bounds 0£ •the tw<;> .states have be~n created . out •.of it. , It is hardly necessary_to apply 'this remark sp_ecifically to tne Floridas: they are, obviously, in a similar px:ed·icament. • The abolition of slavery 'in her· _territori~s, ·has not been at~ tempted .by the Federal G:overnment. But highly impo_rtant re~ gul~tions have bee_i made ,by C,;mgre·ss, on a point not very remotely allied to that subject: On _the· 7th of April 1-998, _an •act was passed· by this: body, "Authorizing 'th.e" e.stablishment of a government in ; t4e Mississippi Territory;" the.seventh section of which -provides, ."That after_.the _'estab}ishment of the aforesaid gov~rnment, _it .shall not )le lawful'for ariy person or persQns to imp<Y!'t or bring into t/te said Mi,as~sipp{Territor:y, from any port or place:without the limits of the·United States, or to cause or procun;- ~o _be so imported, &c. or knowingly to aid or. assisf in so importing, ~c. .an!J slave or slaves, and that every person so'' offendiJ?-g; &c. 'shall .forfe_it, ' &c. for each and ' every slave,so impo'rte'd, _&c.: the' sum of \hreei.hundred doJlars; •• ~c. and thatevery slave so imp01·tecl, <S•c. shall thereupon 6e- • come entitled' to and receive !iis-=or he1· f 'reeclom. See ·acts of ·the 2nd session of the 5tlf Congress, chap. 45.' 'This section is 'incorporated without' the least variation, e~cept as to_thE:_ name of the territory, into lhe act of Congress passed March 26, 1804, entitled, '~~n act' erecting Louisi.ar:ia into two terri~ tori es; •and providing for- the temporary government thereof," with supplem,entary regulations, prohibiting; in _the first place) under an equa:l penalty, ' the introcluctiori ,into Louisianl:!- Territory,. '~ ~rom any porf or plac'e within the limjts' of the United , States, &c. any slave or slaves which had been imported sine~ the first of May, f79.S, into any-port or place ,vithin the limits of the United States, or~which should: be imported' thereafter from any port or place ,vithout the)imits of the U~ited States, " and concluding in ; this manner : "And no· slave · or sl~ves shall directly or indirectly be introduced into said territory, except by a cttizen of the Un1!ed States removing into ~a.id territory for actual settlement, ar1d, being, at the time of such·removal ~onaJ!,cle' owner. of such slave oi· slaves, 'an/~very slave imp~rted or brought into th,e said territory, .contrary to the provisions of this act, shall, thei: upon, h entitled to and re.ceive his dr her . ..... • I ' ' .• l J �177 freedom. " .fl.els of the 1st· session,:of the 8th Congress, chap. . 38, ~ § 10. This act does honour .to the illustrious body fi:om which it proceeded. In pr~c_tice; how~ver, its benefits were of much less value than one; not fully conversant with the mode in 'which the DOMESTIC slave trade is prosecuted, : would be led to infer. A prohibiti~n on tbfs subject, to be effectual, should be ABSOLUT E .11.ctual settlers and bona fide AND WITHOUT :'ANY EXCEPTIO N. an extent adequate, to the deto traffic this protect may owners all commensurate with the at risk a incurring mand, without • gain. •prob~ble , Co.ngress to t preceden a as moment, ' • But 't he act i~ of great TerritoFlorida and , Arkansas the • · in 'r,Q_gard to the Missouri, ries. The defec~ ;which hp.ve been suggested, may be easily supplied. , ~et the introduction of slaves into these territories, be, without delay, WHOLLY- FORBIDDE N, Humanit f~nd religion, . the, ch:J.racter ,of our country -the true interests as well of the ·slave-holding, as of the non-s~ave-liolding state~, .demand this to • ' be done. �'178 NOTE TO PAGES 111- l~The form in which it was found convenient to print the table inserted on the above pages, prevented the following note from • being added in its proper place. _ .In forming this table, a difficulty has been experienced, of Revised Cod£; of which the rea,der should be apprised. , The 1 Mississippi was pr~pared chiefly in 1821 a1;d 1822,-by flovernor Poindext er, ynder the auj:bority of an a:ppointm(;lntJor'thi;, purpose, by the legislature.' The excellence of its execution, evinces that mu~h time and ~tudy were bestowea u·p on it. · I am, nevertheless, not able to learn to my enti[e satisfaction, ,either from the' code or ·froin th~ constitution of the state, Whether or not, the co~mon law or any pa~t of.it, is recpg;ize d there. It is declared in the constitut ion, that,- " ~l{. laws 'and parts of . laws now 1n force ·in the Mississippi territory, and not repugnant to the pro~isi~ns of this constitutio~, sha 1 continue a~d main in force as the laws of this state, until they ·~xpire_ by their • own /imitatio n, o( sh.all be a1tered or repealed by the legislature thereof.': Th~ expressions :'par'bs of laws,'~ and, "expir'ing by 't heir owri limitatio n,"-.seem to refer e-xclQsively to statutes and noi to the common·law:-Th e Revised Code, is a . ro)lection of public statutes, and is so ~xpressly denominated. ,- It.contains ~o statute whi.ch~adopts .the conmion law ~r any portion of i . I incline, ,therefore, to the opinion, that it is not in forc.e the~e. , Feeli.ng, howeve·r, som_e hesitancy:, l .have ·not ventured .to speak perempto rily .o·n this po_int, but J1ave stated in the table, in zpany instances, under ~~e head of "punishm ent of white persons," "no_tprovid_edJor by sta_tuie;" which implie~, according to the ;view which I have t;i.ken, that white -persons not' at all punishable _for any ,of these offences. • Some, inare deed, are no~ offenc~s by the common ,law.-Th e sami rerrial'l{, "not provided for hy statute/' :rtiight with propriety have been noted iii referenc,e ·to t11~ punishm ent of white"perso~s, for offences, Nos. 20; ·21; 22, 23; 25~ 26, and 27, instead of that .which I haye given,• i. e.-"a . fin<:;• not exce.eding 300 dollar~ • and may at the discretion of the court, receive 39 lashes. " For this is the punishment assigned for a· crim'~ somewhat different, namely, 1rii_sprisionor concectlmertl of the felonies mentioned. re- �CHAP TER J. authority th;y Of the nersons who may '!Je held as slaves, and upon what • ' • ·' h~ld, so are . . 9 ' CHAP TER II. ;"' slav~, • 21 Of the incidents of sl;~ery --th~ relation or: master :ahd , and time of laPRol'. x. .The master may determine the kind, and degree • bour, to which the slave shall be sµbjected, g clothin and fCKJ<! sucli, with slave the supply PRor. II. The master may , only, both as to quantity and qu:ility, as he may think proper . .). • or find convenient, ent upon punishm any inflict 11, discretio his at may, master The Puor. ur. . • • , • the person of his slave, may 1:>e exercised PRor. -xv. All the power of the master over his slave may not by himself only in p~rson, ~ut by any one whom he , . . depute as Iii; agent, • • • . • or perreal things, in ty proper of rights l~gal no· have PRoP. v. · slaves belongs, in point of sonal; but whatever ther may acquire ' ~ .: . • • • • • • , masters k w, to t!i,eir times liable to be all at is chattel, l persona a being _ slave The v1. PROP, his sold absolutely, or mortgaged, or leased, at the will of • master, .of tion satisfac the for law of Paor. VII, He may also be so\d by process the debts of a liviug; or the -debts and bequests of a deceased master,, at the suit of creditors or legatees, . any in l, tribuna ial a.judic befoi·e party ·a be PaoP:;vin. A sfav~pannot' ~ecies 'of action, against his master, no matter how atroci• ous may have been the injury received from him, of maschange a obtain nor lves, them~e redeem cannot Slaves PRor. xx. ters, though cruel treatme nt may have rendere d such change necessary for their personal safety, , Slave being objects of property, if injured by third persons PROP, -x. the for s, damage recover and suit, bring may their owners injury, PJtor. xr. ,Slaves can make no ~ontract, P~o,. XII , Slavery is hereditary and perpetual, 26 30 35 44 45 50 0 51 . . 57 57 59 61 62 �180 CHAPTER Ill. Of tl1e condition of the slave considered as a member of civil society, a in eiilier person, white a against witness a be cannot slave A 1. SlicT. civil or criminal cause, suit, civil a_ to party a be cannot SECT. u . He SECT. III, The benefits of education are withheld f~om the slave, SECT. 1v. The means for moral and religious instruction are not granted to the slave; on ilie contrary, ilie efforts of the humane and charitable to supply these wants are discountenanced by law, SECT. v. Submission is required ·o r the slave, not to the will of his master only, but to th.at of all other white persons, SECT. VI. The penal codes of the slave~holding states bear much more . severely upon slaves ilian upon white persons, ~ a in accusations criminal upon tried and prosecuted are Slaves SECT. VII. ' manner inconsistent with the rights of h.umauity, 65 65 76 85 90 96 99 119 CHAPTER IV. On the dissolution of slavery, SECT, 1 . Of the laws for ilie abolition of slavery, Si;c1·. u . On ilie laws regulating the ~mancipation of slave;, • - 129 • 129 • 145 APPENDIX. Of the laws of the United States relating to slavery, • 155 CHAP TER I. On the apportionment ofrepresentatives to congress, · &c. - 155 CHAPTER II. On the ninth s~ction of Article II. of the constitution of the United States, 158 CHAPTER III. Of tl1c act of congress relative to fugitive slaves, • 165 CHAPTER IV. ' Of the jmisdiction of' the federal govemment over the te1Titories not yet . 175 formed into states, 178 . ' An omitted note, - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A sketch of the laws relating to slavery in the several states of the United States of America, 1827 Creator An entity primarily responsible for making the resource Stroud, George McDowell Subject The topic of the resource Slaves--Legal status, laws, etc.--United States Assembly, Right of--United States Philadelphia (Pa.)--Imprints--19th century Enslaved people Slavery Description An account of the resource Pamphlet of laws relating to slavery as an institution, 1827 Date A point or period of time associated with an event in the lifecycle of the resource 1827 Type The nature or genre of the resource Text Publisher An entity responsible for making the resource available Philadelphia: Kimber and Sharpless Relation A related resource bbf0004 Identifier An unambiguous reference to the resource within a given context RB 326.973 S925 1827 Source A related resource from which the described resource is derived The Filson Historical Society Rare Book Collection Format The file format, physical medium, or dimensions of the resource book Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 1820s African American enslaved persons enslavement Laws and legislation legal pamphlets https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/d8da7268f2f4cd21bf7c2452c5d5c01b.jpg?Expires=1779926400&Signature=M2UKRT6qIAy2vRwZteI63BW0SBsK-jgHgU6J9zkFRcYT7iQ8672bT9FF370CzUBuy4LCzRMESHyd07fY6At16ea6oFVHIBAJ6qEgOx0rpIp3gq8bfjF04OkeMC7NSybNlIPMzLljN2ICPNz-BboX90nz3VbKpMnZB9iGz-s9rx-rdSGxhKzQSvebMqnkGcKcp8obQI50rbrxpx25SeOw-wC0XCIxNOo%7EQGnDncten5uO1VxCPV0HsBUaUTOhcPHctVlqqJuxjJQYBLZN0scFFjm-jZrlc5oKZBaZurpczzm1jtLcm%7EhsPksmsujbfHTOoUEE8sm1Pj1UwtfD8vvL3g__&Key-Pair-Id=K6UGZS9ZTDSZM 8c1b17f595af0e7b449d528324c1aec5 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource First American West, 1750-1820 Description An account of the resource Drawing from many historical collections at the Filson Historical Society, First American West incorporates maps, diaries, letters, ledgers, and objects. The collection documents the travels of the first Europeans to enter the trans-Appalachian West, the maps tracing their explorations, their relations with Native Americans, and their theories about the region's mounds and other ancient earthworks. Naturalists and other scientists describe Western bird life and bones of prehistoric animals. Books and letters document the new settlers' migration and acquisition of land, navigation down the Ohio River, planting of crops, and trade in tobacco, horses, and whiskey.<br /><br />The First American West: The Ohio River Valley, 1750-1820 consists of 15,000 pages of original historical material documenting the land, peoples, exploration, and transformation of the trans-Appalachian West from the mid-eighteenth to the early nineteenth century.<br /><br /><p></p> <table border="0" style="width:99.7863%;border-collapse:collapse;border-style:hidden;background-color:rgba(255,255,255,0.5);float:left;" cellpadding="25"><tbody><tr><td style="width:40%;"><a href="https://www.neh.gov/" target="_blank" rel="noreferrer noopener"><img src="https://www.neh.gov/sites/default/files/styles/medium/public/2019-08/NEH-Preferred-Seal820.jpg?itok=VyHHX8pd" width="328" height="149" alt="NEH Preferred Seal" /></a></td> <td style="text-align:left;"> <h5>First American West was generously funded by the National Endowment for the Humanities.</h5> </td> </tr></tbody></table> Source A related resource from which the described resource is derived Corlis-Respess Family Papers (1698-1984), The Filson Historical Society, Louisville, Kentucky Joseph Hamilton Daveiss Papers (1780-1800), The Filson Historical Society, Louisville, Kentucky Foote Family Papers (1759-1987), The Filson Historical Society, Louisville, Kentucky Henry Family Papers (1773-1864), The Filson Historical Society, Louisville, Kentucky John Wesley Hunt Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky Harry Innes Papers (1792-1849), The Filson Historical Society, Louisville, Kentucky John Jeremiah Jacob Papers (1806-1851), The Filson Historical Society, Louisville, Kentucky Meriwether William and George Wood Papers (1780-1831), The Filson Historical Society, Louisville, Kentucky Nall Family Papers (1797-1945), The Filson Historical Society, Louisville, Kentucky Pirtle-Rogers Family Papers (1797-1875), The Filson Historical Society, Louisville, Kentucky Pottinger Family Papers (1631-1932), The Filson Historical Society, Louisville, Kentucky Rogers-Woodson Family Papers (1789-1890), The Filson Historical Society, Louisville, Kentucky Isaac Shelby papers (1760-1839), The Filson Historical Society, Louisville, Kentucky Shelby-Bruen Family Papers (1761-1916), The Filson Historical Society, Louisville, Kentucky Charles Wilkins Short Papers (1802-1869), The Filson Historical Society, Louisville, Kentucky Museum Collection, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context FAW Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 18th century 19th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A sketch of the life and public services of William Henry Harrison, 1836 Creator An entity primarily responsible for making the resource Jackson, Isaac Rand Subject The topic of the resource Harrison, William Henry, 1773-1841 Presidents Generals Kentucky--Imprints--19th century Lexington (Ky.)--Imprints--19th century United States Description An account of the resource Topics generally include Kentucky law and legislation. Full version of this text available at <a href="https://play.google.com/books/reader?id=4KYEAAAAYAAJ&amp;hl=en" target="_blank" title="A Sketch of the Life and Public Services of William Henry Harrison" rel="noreferrer noopener">A Sketch of the Life and Public Services of William Henry Harrison</a>. Date A point or period of time associated with an event in the lifecycle of the resource 1836 Type The nature or genre of the resource Text Publisher An entity responsible for making the resource available Lexington: J. Clark & Co. Relation A related resource bbf0080 Identifier An unambiguous reference to the resource within a given context RB 348.769 W637 No. 3 1836 Source A related resource from which the described resource is derived The Filson Historical Society Rare Book Collection Format The file format, physical medium, or dimensions of the resource pamphlet Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 19th century 1830s law Legislation pamphlets https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/9639ce8456c9e38f22d91e8cc3c7a994.jpg?Expires=1779926400&Signature=Tk86TIuudQUzlFdGUfbZkvk6s0C0uoguNH5W%7EIEsDcE5POWt9EZSCq62K6bZ%7Ei%7E1SvJCmBV9NME8v4iAUPmrfe%7EZkKh0KHrtgXUwcF%7E7v7eZqJhH9%7E1BxV9TM6uGRXjNnSU4oN9vDVptSur8OtepVWgYLoouXh7p2py3IJZ1xra2qN1Gwn31eaqFd0ux0bBjCVYxHU%7EXlPC4kGYy%7E7fE-7%7EvoI7cjSLZHXrvF%7EV4k51zfZ7N0R%7EOLsXc8ea4DG-IofU8KiVxOW8X08q9seeru5sC0YwP5Qvd5etNXsjVmvAeKK%7E6Q4jIscTBBicD3rIbcPV%7ESq9TRQVH53Uzm5DFmg__&Key-Pair-Id=K6UGZS9ZTDSZM 3be760b53d56be29e28495490e802d08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wallace G. Mathis Cartoon Collection Subject The topic of the resource Depressions -- 1929 -- United States Cartoonists -- Kentucky -- Louisville Description An account of the resource Cartoonist Wallace Mathis was born in 1904 in Collierville, Tennessee. During his college years, he drew cartoons for Vanderbilt University’s humor magazine and yearbook. Although he pursued a career as a teacher at Louisville’s Rugby University School, his interest in drawing persisted. In 1933, he began publishing daily cartoons in Louisville’s Courier-Journal newspaper. The decade following the Stock Market Crash of 1929 was a time of economic stagnation and social turmoil. Mathis’s cartoons were created during this period and capture the spirit of Americans during the Great Depression. His single-panel cartoons depicted a character named “Rollin’ Stone,” described as a “philosophical tramp who commented on small-town happenings.” Rollin’ Stone was a down-to-earth character who was down on his luck, not unlike many Americans of the time. Rollin’ Stone was a regular feature in the Courier-Journal until 1941. The Filson has over 1,000 of the original pen and ink cartoons. Creator An entity primarily responsible for making the resource Mathis, Wallace G. Source A related resource from which the described resource is derived Mathis, Wallace G., 1904-1981. Cartoons, 1933-1941 Date A point or period of time associated with an event in the lifecycle of the resource ca. 1933-1941 Rights Information about rights held in and over the resource This image is issued by The Filson Historical Society. Property rights in the collection belong to The Filson Historical Society. The user is responsible for copyright issues. Permission for use of this image for ANY reason should be obtained by contacting Filson's Curator of Collections via research@filsonhistorical.org. Format The file format, physical medium, or dimensions of the resource cartoons (humorous images) Type The nature or genre of the resource Still Image Identifier An unambiguous reference to the resource within a given context Mss. A M431 Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Stylish Young Lady Description An account of the resource Rollin' Stone commented on changing standards of acceptable dress for women in the 1930s. One suspects that clothing which drew the ire of traditionalists in the 1930s would be quite modest by today's standards. Creator An entity primarily responsible for making the resource Mathis, Wallace Source A related resource from which the described resource is derived Mss. A M431/40, Manuscript Collection, The Filson Historical Society Date A point or period of time associated with an event in the lifecycle of the resource ca. 1933-1941 Rights Information about rights held in and over the resource This image is issued by The Filson Historical Society. Property rights in the collection belong to The Filson Historical Society. The user is responsible for copyright issues. Permission for use of this image for ANY reason should be obtained by contacting Filson's Curator of Collections via research@filsonhistorical.org. In Copyright Format The file format, physical medium, or dimensions of the resource cartoons (humorous images) Type The nature or genre of the resource Still image Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/c31fe1ff05e191d26db65c5e56b78e9c.pdf?Expires=1779926400&Signature=VYQC-NlKKYkK1MC9AWJpQEqYHeeLDf20BfRSTHqROgDc3gOvkpDDjcIFgH7ym7H3n7JTg0DNFGZ1lYR8ZxFv5c6bn3AoxKYUnBnXXD-wsBPEkuHUaCssUzia-BFlmmpyk1Hj%7EENTbzHKJxVe%7E-XVP7PO4SbSZqziYtoFyWAlJAxIgAbEc6Gi9VX58uTptyZzKi3Bx3NAK79u2UXe2fuZ%7E-OdmEjZteetQl1-lTBLJq1tqFuYvMEgividE4JYXRIhbt3Zh7iBuyUsBeVh9BcD1hHgvxPP28AP8ZNj5A7FH6xfc8u%7EoiVClyqUo6Mn1p-HekPKOFvSBy3C5aQL0BukMg__&Key-Pair-Id=K6UGZS9ZTDSZM fc9f69a74ce0014770dd3f93f835b18b PDF Text Text A Summer of Camp Magic CAMP TALL TREES 1966 Season First Period: June 10-27 Second Period: June 29-July 17 9-Day Period: June 19-June 27 Operated by the JEWISH COMMUNITY CENTER of LOUISVILLE 3600 Dutchmans Lane Louisville, Ky. 40205 �Special Activities The 1966 season will see the expansion of the camp - out area which proved so success­ ful last year. This s p e c i a l camp area consisted of tents, teepee and c o o k i n g area. Every camper was able to use these facilities. This program will be continued. The newest activity to be of­ fered will be quite unique. This is to be a miniature farm and camp-out a r e a . Each camper will have an opportu­ nity to help in this project. Farm animals will be avail­ able for campers to see, touch, feed and care for. O ur first “ fa rm ” w agon P re p a rin g a cookout G irls’ o v e rn ig h t in cam p -o u t are a T he S h erato n T all T rees “In d ian B rav es” a t T ipi �Camp Tall Trees is located in beautiful O tter Creek Park, 35 miles from Louisville, near F ort Knox. The site features a n atu ­ ral setting w ith miles of trails, rustic cabins, playfields, sanitary facilities, dining hall, crafts lodge, and swim­ ming pool. Field day Horseback riding STAFF: Counselors are of college age and older. Staff is chosen for experience, cam ping ability, and love for chil­ dren. A counselor sleeps in each cabin w ith campers. RELIGION: In keeping w ith Jew ish tr a ­ dition, Sabbath services are held weekly in a beautiful am phitheatre. P rayers are offered prior to each meal. CANTEEN: Open daily to dispense toothpaste, soap, etc. Candy is sold every other day. AIMS: Camp Tall Trees offers your child an opportunity to learn how to w ork to ­ gether w ith youngsters and adults, learn good sportsm anship, and m a k e new friends. HEALTH: Nurse is on duty 24 hours a day at the infir­ mary. Louisville pediatricians are on 24-hour phone duty and m ake w eekly visits to check cam pers and facilities. Every child m ust be exam ined by a physician w ithin three w eeks of leaving for camp. The camp program stresses activities which norm ally are not available to chil­ dren in the city. CLOTHING: Enough to w ithstand three weeks of vigorous outdoor living. Costly pre-cam p purchases are not neces­ sary. All belongings should be durable and labeled. L aun­ dry service available. Suggested clothing list will be sent in May. Cam p aim s are achieved through super­ vised program s including hiking, cam p­ craft, arts and crafts, cookouts, overnight trips, swimming, archery, sports, games, cabin activities, s p e c i a l program s, and horseback riding. (There are no ex tra charges for any activities.) VISITING: It is camp policy to perm it NO visiting parents or friends during the brief camp periods. Please co-operate. Cave exploration COST: $110 per period, plus canteen deposit, insurance and tran sp o rta­ FOOD: Wide variety and am ple quantities of K osher food, deliciously tion. Nine-day session for 8 -to-ll-year-olds is $60. W rite or call the Jew ish Com m unity C enter (458-3281) for additional inform ation. prepared by experienced staff. M id-afternoon snacks offered daily. Sani­ tary inspections m ade by pediatricians, park officials, and State Health D epartm ent. TRANSPORTATION: C hildren are tak en to cam p and returned on school SUPERVISION: Camp Director, Irvin Goldstein. Camp Tall Trees Com­ busses, w ith com petent drivers. D epartures and arrivals are from the m ittee Chairm an, David Kling. Jew ish Com m unity C enter President, M orris K ling; Executive D irector, Aaron Schreiber. Jew ish C om m unity Center. 9-Day Camping Period First Period June 19 to June 27 June 1O-June 27 W ith the expansion of th e pro­ gram and th e increased popular­ ity of Camp Tall Trees, it has be­ come necessary this y ear to lim it the 9-day cam ping period to new cam pers only. Since m any appli­ cations last y ear had to be turned down due to a full camp, the 9- Ages 8 to 11 day period will be available only after all full-term cam pers have had an opportunity to apply. Applications for the 9-day pe­ riod will be placed on a w aiting list and parents will be advised of openings after A pril 30. Second Period June 29-July 17 Ages 11 to 15 Preparing for a trail ride APPLICATION for FIRST and SECOND PERIODS NAME- __ Sex_ Home address ____ Zip No__ Home phone___________ ________________ Business phone Date of birth: APPLICATION FOR 9-DAY PERIOD _______ Age as of Ju n e 1966 June 19 to June 27 I would like to enroll my child for the 9-day camping period. I understand that 9-day cam ping will be offered only if space is available. A pplications will be ac­ cepted after the end of A pril on a first-com e basis. School ----- _Grade com pleted Ju n e 1966_____ F ath er’s nam e----------------------------------- -----M other’s nam e_____ —______ _____ Signed______ NAME .__ _____ ________________________ _____________ ______ _ S e x Home address_______________________________________ __— ___ Zip No.Home phone—__________________________ Business phone__ _____________ Date of birth_____ ______________________ Age as of Ju n e 1966......... ... ......... INDICATE CHOICE OF PERIODS: Ages 8-11, Ju n e 10-June 27 $110__________ Ages 11-15, Ju n e 29-July 17 $110.__________ Enclosed find deposit of $20 . . . (Please check) School__ ____________________ —_________ G rade com pleted Ju n e 1966_____ F ath er’s nam e______________ ___________ M other’s nam e-----------------------Enclosed is deposit of $5.00.............. Mail to Jew ish Com m unity Center, 3600 D utchm ans Lane, Louisville, Ky. 40205. P arent's signature._______ ________________________________ _ _________ Send to Jew ish Com m unity Center, 3600 D utchm ans Lane, Louisville, Ky. 40205 �Jew ish Com m unity Center 3600 Dutchmans Lane Louisville, Ky. 40205 A Camp Tall Trees Cookout N o n -P ro fit O rg . U. S. POSTAGE P A ID Louisville, Ky. Permit No. 510 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Jewish Summer Camps, 1945-1968 Description An account of the resource Brochures, newspapers, reports, and textiles representing summer camps operated by the Young Men's Hebrew Association and the Jewish Community Center of Louisville. Digitization supported by the Jewish Heritage Fund.<br /><br /><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /> Source A related resource from which the described resource is derived Jewish Community of Louisville museum collections and records, The Filson Historical Society, Louisville, Kentucky Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Date A point or period of time associated with an event in the lifecycle of the resource 1945-1968 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. BD J59 Folder 0538 Item 008 Title A name given to the resource A Summer of Camp Magic: Camp Tall Trees, 1966 Season Creator An entity primarily responsible for making the resource Jewish Community Center (Louisville, Ky.) Description An account of the resource Content note: some imagery and language that stereotypes Indigenous people. Brochure for the Jewish Community Center of Louisville's summer boarding camp called Camp Tall Trees in Meade County, Kentucky. The brochure explains the camp's purpose: "Camp Tall Trees offers your child an opportunity to learn how to work together with youngsters and adults, learn good sportsmanship, and make new friends. / The camp program stresses activities which normally are not available to children in the city. / Camp aims are achieved through supervised programs, including hiking, camp-craft, arts and crafts, cookouts, overnight trips, swimming, archery, sports, games, cabin activities, special programs, and horseback riding." Date A point or period of time associated with an event in the lifecycle of the resource 1966 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1960s Subject The topic of the resource Jewish Community Center (Louisville, Ky.) Meade County (Ky.) Brandenburg (Ky.) Kentucky--Brandenburg Kentucky--Meade County Camp Tall Trees Otter Creek Outdoor Recreation Area (Ky.) Jews Jewish children Jewish youth Jewish camps Camps Children Youth Format The file format, physical medium, or dimensions of the resource brochure Type The nature or genre of the resource Text Still Image Language A language of the resource eng Source A related resource from which the described resource is derived Mss. BD J59, Folder 538, Jewish Community of Louisville records, 1896-2022, The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/54c6a3679bd1fb5880600137586e3b8a.pdf?Expires=1779926400&Signature=hXP9Oe5KzYzSPMqEc3JdIuB7pXVC17UXxTO1m8%7EoZCDMR-sM4-bKvlUCQHJ4-%7EOYS0ct54zcxLiEJmyfuF6imqJrqmmQQzxbjPXnX75G7dtCD9C2qTuPUk9H41dtN5dCdx2Z4GvrOWXkGzj9TskHO3QZG35RjVQLCPyu8Nxw7xvnNKa7ZUswTQ6WoaqMomXsyNmHideWhsHHKTSmTFqZ-4Zou56ouoMC978IpmqF5bIdzzgl%7EOFSjYhqloaGqNTkVknfyIGroZ-Ql6qkDOPIXHRYy7WBP4GyI4yQIckrUxOZzw-0F6%7EVd%7ESX13Z3h-7AdJv6byKkp92kjfoyZD6qdg__&Key-Pair-Id=K6UGZS9ZTDSZM 3b9a2d7e1233045ac8e32f4db6d5bbf3 PDF Text Text to Romombor /\ February 3, 1995 Planning Committee Advisory Committee Minx Auerbach Chair . r Senator Wendell Ford , Dear Community Leader: Committee Chairs Denise Schiller Patrons Melissa Mershon Ticket Sales Jessica Loving Marketing Senator Mitch You are among the first to have the opportunity to purchase tickets for the world premiere of an exciting artistic performance called A Time to Remember. The performance, commemorating the end of World War II in Europe and the end of the Holocaust, features the Louisville Ballet, the Louisville Orchestra and two choirs. This event will be held Thursday evening, May 25, 1995. , . Don Allen Dinner Christine Brown Outreach Jewish Community Federation Edward B. Weinberg President Alan S. Engel Executive Director Louisville Orchestra Carol Hebei Board of Directors President Wayne Brown Executive Director Louisville Ballet Laura L. Cromer Board of Directors President Debra Humes Hoffer Executive Director - , . , We are honored that Louisville will host this performance marking the 50th anniversary of the end of a tumultuous time in history. Through this event, our community will remember those who perished and those who survived. And while remembering, we will celebrate the renewal of life and the healing strength of the human spirit. * The orchestral and choral piece, written by Noam Sheriff, will be con­ ducted by this world-renowned Israeli composer. The dance portion of the performance is the creation of noted choreographer Domy Reiter-Soffer, also a native of Israel. Mr. Reiter-Soffer, whose works are performed throughout Europe and the United States, also has designed a multi-media setting for the performance which he will stage together with Louisvillian C.J. Pressma. Julius Friedman, Louisville’s internationally-known artist, has designed a commemorative poster which will be the signature for the performance in venues throughout the world. Many generous, local donors from across the community have made this event possible. We hope you will join them in supporting this special evening, and join the many people worldwide who will share in this timeless performance for years to come. McConnell Representative Mike Ward Governor Brereton Jones Mayor Jerry Abramson Ex^iXl David Armstrong D , Reverend Kevin Cosby n^mas Kelly Stanley Mlles Dr. John Mulder „ Dr. Gregory Wingenbach McGowan Dr. Thomas Oates o. Donald Swain The evening begins with a reception and dinner for patrons on the 25th floor of the Humana Building at 6:00 p.m. and continues with the performance at 8:00 p.m. in Whitney Hall at the Kentucky Center for the Arts. The event is black tie optional. You may join us for the full evening or the performance only. But make your reservation for Patrons Tickets by February 28, before we share this oppor­ tunity with the general public. We expect it to sell out very quickly. The perfor­ mance is already receiving national and international attention. Louisville JEWISH COMMUNITY FEDERATION OF LOUISVILLE, INC. 3630 Dutchmans Lane, Louisville, Kentucky 40205 • (502) 451-8840 • Fax (502) 458-0702 iffllisullc (hvhcslm �Ticket and reservation information: Patrons: Dinner, performance, poster by Julius Friedman (signed), complimentary parking: $250/person ($150 is tax deductible) Supporters: Select seating for performance, signed poster, complimentary parking: $100/person ($40 is tax deductible) Tickets for performance only: $25; $15 for students and senior adults Patrons and supporters will be listed in the event program. To reserve patron or supporter tick­ ets, please return the enclosed form with your check to the Jewish Community Federation. To reserve tickets for the performance only, call the Kentucky Center for the Arts ticket office, 584-7777, toll-free 1-800-775-7777. We look forward to sharing this special evening with you. Sincerely, Carol Hebei Pres., Board of Directors Louisville Orchestra Laura L. Cromer Pres., Board of Directors Louisville Ballet Edward B. Weinberg Pres., Board of Directors Jewish Community Federation of Louisville Wayne S. Brown Executive Director Louisville Orchestra Debra Humes Hoffer Executive Director Louisville Ballet Alan S. Engel Executive Director Jewish Community Federation of Louisville We appreciate the generosity of the major donors who made this event possible. Active Transportation Co. The Bank of Louisville Mr. and Mrs. Barry Bingham, Jr. Lewis Cole The Corradino Group Mr. and Mrs. Stuart Frankenthal Great Financial Bank Mr. and Mrs. Philip Greenberg Jewish Hospital Mr. and Mrs. James Karp Elaine and Bert Klein Liberty National Bank Mr. and Mrs. Gerald Mansbach Mr. Samuel Mansbach National City Bank PNC Bank Providian Corporation Republic Bank & Trust Company The Roth Foundation Mason and Mary Rudd Mr. Lee and Dr. Joan Thomas Mr. and Mrs. Martin Weinberg Mr. and Mrs. Charles Weisberg �Name Address street city state zip I want to reserve: ___ Patron Tickets @ $250.00 each. (Tables of 10 - $2500.00) ___ Supporter Tickets @ $100.00 each. I am unable to attend but want to support this special event with the enclosed tax-deductible donation of $ • • • Mail this form with your check in the enclosed envelope by February 28. Make check payable to A Time to Remember, Jewish Community Federation. Tickets and the complimentary parking pass will be mailed to you. Thank you for your support. Name ______________________________________________________________________________ Address city street state zip I want to reserve: ___ Patron Tickets @ $250.00 each. (Tables of 10 - $2500.00) ___ Supporter Tickets @ $100.00 each. I am unable to attend but want to support this special event with the enclosed tax-deductible donation of $ • • • Mail this form with your check in the enclosed envelope by February 28. Make check payable to A Time to Remember, Jewish Community Federation. Tickets and the complimentary parking pass will be mailed to you. Thank you for your support. Name ---------------------------------------------------------------------------------------------------------------------Address city street state zip I want to reserve: ___ Patron Tickets @ $250.00 each. (Tables of 10 - $2500.00) ___ Supporter Tickets @ $100.00 each. I am unable to attend but want to support this special event with the enclosed tax-deductible donation of $ • • • Mail this form with your check in the enclosed envelope by February 28. Make check payable to A Time to Remember, Jewish Community Federation. Tickets and the complimentary parking pass will be mailed to you. Thank you for your support. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Holocaust and the Ohio Valley, 1920, 1933-1990s Description An account of the resource This collection consists of documents and photographs related to Jewish experiences in the Holocaust and World War II, Jewish American efforts to support refugees, and historical memory of the Holocaust in Kentucky and Southern Indiana. This digitization project is in partnership with the Louisville Ballet's <em><a href="https://www.louisvilleballet.org/a-time-remembered/" target="_blank" rel="noreferrer noopener">A Time Remembered</a> </em>performance, which marks the 80th anniversary of the liberation of Auschwitz-Birkenau. <div><br />Holocaust-era family documents center on the Wolff, Levy, and Ackermann families who escaped to the United States from France and Austria, and ultimately settled in Louisville. Passports provide photographs of the family members and track their movements through countries. Letters document their efforts to navigate the administrative barriers to passage, and the tragic fate of relatives who were not approved to leave.<br /><br />Records from the National Council of Jewish Women, Louisville Section document the organization's activist work in fundraising for and directly serving refugees in the city, and political organizing around national immigration policies and economic boycotts of German-made goods. The collection includes sample correspondence from national organizations and individuals who supported and were against Zionism in response to the violent antisemitism of the Holocaust. <br /><br />The final items in the collection document Holocaust memorial events in the 1990s. Invitations, photographs, scripts, press releases, and articles represent the memorialization work of the Jewish Community Center, Jewish Community Federation of Louisville, <span>Louisville Ballet, Louisville Orchestra, and other  organizations.</span></div> <br />This project was generously supported by the Jewish Heritage Fund.<br /><br /><a href="https://jewishheritagefund.com/" target="_blank" rel="noreferrer noopener"><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /></a> Source A related resource from which the described resource is derived The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1920, 1933-1990s Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Mss. BD J59 Folder 0368 Item 3 Title A name given to the resource A Time to Remember invitation, February 3, 1995 Creator An entity primarily responsible for making the resource Jewish Community Center (Louisville, Ky.) Jewish Community Federation of Louisville Louisville Ballet (Louisville, Ky.) Louisville Orchestra (Louisville, Ky.) Description An account of the resource An invitation to the artistic performance of Domy Reiter-Soffer's A Time to Remember at the Kentucky Center for the Arts in Louisville, Kentucky, on May 25, 1995. The Holocaust Remembrance event featured the Louisville Ballet, Louisville Orchestra, and children's and men's choirs. Date A point or period of time associated with an event in the lifecycle of the resource 1995-02-03 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1990s Subject The topic of the resource Jewish Holocaust (1939-1945) Jewish Community Center (Louisville, Ky.) Jewish Community Federation of Louisville Louisville Ballet (Louisville, Ky.) Louisville Orchestra (Louisville, Ky.) Performing arts Dance Anniversaries Holocaust Remembrance Format The file format, physical medium, or dimensions of the resource letter Type The nature or genre of the resource Text Language A language of the resource eng Source A related resource from which the described resource is derived Mss. BD J59, Folder 368, Jewish Community of Louisville Records, 1896-2022 (Bulk: 1980-2020), The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/522fec4103053b91f07c9f0725334acc.pdf?Expires=1779926400&Signature=tlYVV1EukbkhK4fUL7EU99U3ieolONjAl4rkvfizvh85XQOz1pYxnkI6A%7Ev80tFnQWG2kuOP0TE7fzpCLsnI5NroroAuMrPzxvU11K5a3%7Eulil4YSPkjMCl9ScxNrx%7EEanzOHZ4hc%7ELuNnMXKUU0Q4kwzHaugmymUjC%7Epe15LgfAGLFKyyXi%7EFyZzGRrlB-VP9GZ5AyJcDsl9tn6A9Cno30eGYjsxfn1f0SXPkkMNPLkcz5ntO6meXt%7EjnKFYjCujKrkEHHpajyAnFcMp3aiWUKhQsMjCVbuiO2rSSt77D4p-qOEwPV0KfO5N8PBuHgu5tMrm70wIZlUT1sX3-6OiQ__&Key-Pair-Id=K6UGZS9ZTDSZM 4a4be311958f1dd4b99803ebafdaca14 PDF Text Text FOR IMMEDIATE RELEASE Contact: Jessica Loving (502) 583-4223 Phyllis Shaikun (502) 451-8840 Auschwitz. Bergen Belsen. Maidanek. Schindler's List The Six Million. VE Day. The Survivors A TIME TO REMEMBER A commemoration of events never to be forgotten. LOUISVILLE, KY (February 14, 1995)-The Louisville Orchestra, Louisville Ballet, and the Jewish Community Federation of Louisville will present the world premiere of A Time to Remember on Thursday evening May 25 at the Kentucky Center for the Arts. This stunning multi-media orchestral, choral and ballet performance honors the 50th anniversary of the end of World War II and the Holocaust in Europe. The orchestral and choral work, called Me 'chaye Ha 'metim (Resurrector of the Dead) is the work of noted Israeli composer and conductor Noam Sheriff, who was commissioned by a Dutch Holocaust survivor to write the piece. Mr. Sheriff will conduct the Louisville Orchestra and several men's and boys' choral groups during the evening's performance. The accompanying ballet was choreographed by Domy Reiter-Soffer, an internationally known Israeli dancer and choreographer. Mr. Reiter-Soffer will direct and stage the ballet and an accompanying multi-media display. Louisvillian C.J. Pressma will provide production assistance for the multimedia presentation. According to New York impresario Harold Shaw, this observance "is the most important event that will happen in the arts field in the United States in 1995." While other communities will offer various commemorative programs, Louisville's concert will combine orchestral music, dance, chorus and video - all in one performance. (more) �Members of the Advisory Committee for A Time to Remember are: Mayor Jerry Abramson; County Judge/Executive David Armstrong; Senator Mitch McConnell; Governor Brereton Jones; Senator Wendell Ford; Representative Mike Ward; Rev. Kevin Cosby; Dr. Joseph McGowan; Dr. Thomas Oates; Dr. Donald Swain; Dr. John Mulder; Dr. Gregory Wingenbach; Archbishop Thomas Kelly, Rabbi Stanley Miles, and Dr. R. Albert Mohler, Jr. Patron tickets for the evening cost $250 each, and include a gala pre-show reception, dinner, preferred concert seating and a commemorative poster designed by internationally known artist Julius Friedman. For $100 per ticket, supporters will receive preferred seating for the performance and a signed Friedman poster. Additional performance tickets will be available for $25 and $15 . To reserve patron and supporter tickets, call the Jewish Community Federation at (502) 4518840. For performance admission tickets, call the Kentucky Center for the Arts ticket office at (502) 584-7777 or toll free 1-800-775-7777. -30- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Holocaust and the Ohio Valley, 1920, 1933-1990s Description An account of the resource This collection consists of documents and photographs related to Jewish experiences in the Holocaust and World War II, Jewish American efforts to support refugees, and historical memory of the Holocaust in Kentucky and Southern Indiana. This digitization project is in partnership with the Louisville Ballet's <em><a href="https://www.louisvilleballet.org/a-time-remembered/" target="_blank" rel="noreferrer noopener">A Time Remembered</a> </em>performance, which marks the 80th anniversary of the liberation of Auschwitz-Birkenau. <div><br />Holocaust-era family documents center on the Wolff, Levy, and Ackermann families who escaped to the United States from France and Austria, and ultimately settled in Louisville. Passports provide photographs of the family members and track their movements through countries. Letters document their efforts to navigate the administrative barriers to passage, and the tragic fate of relatives who were not approved to leave.<br /><br />Records from the National Council of Jewish Women, Louisville Section document the organization's activist work in fundraising for and directly serving refugees in the city, and political organizing around national immigration policies and economic boycotts of German-made goods. The collection includes sample correspondence from national organizations and individuals who supported and were against Zionism in response to the violent antisemitism of the Holocaust. <br /><br />The final items in the collection document Holocaust memorial events in the 1990s. Invitations, photographs, scripts, press releases, and articles represent the memorialization work of the Jewish Community Center, Jewish Community Federation of Louisville, <span>Louisville Ballet, Louisville Orchestra, and other  organizations.</span></div> <br />This project was generously supported by the Jewish Heritage Fund.<br /><br /><a href="https://jewishheritagefund.com/" target="_blank" rel="noreferrer noopener"><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /></a> Source A related resource from which the described resource is derived The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1920, 1933-1990s Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Louisville Ballet Collection A Time to Remember folder press releases Title A name given to the resource A Time to Remember press release, 1995 Creator An entity primarily responsible for making the resource Jewish Community Center (Louisville, Ky.) Jewish Community Federation of Louisville Louisville Ballet (Louisville, Ky.) Louisville Orchestra (Louisville, Ky.) Description An account of the resource A two-page press release for an artistic performance of Domy Reiter-Soffer's A Time to Remember at the Kentucky Center for the Arts in Louisville, Kentucky, on May 25, 1995. The Holocaust Remembrance event featured the Louisville Ballet, Louisville Orchestra, and children's and men's choirs. Date A point or period of time associated with an event in the lifecycle of the resource 1995-02-14 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1990s Subject The topic of the resource Jewish Holocaust (1939-1945) Jewish Community Center (Louisville, Ky.) Jewish Community Federation of Louisville Louisville Ballet (Louisville, Ky.) Louisville Orchestra (Louisville, Ky.) Performing arts Dance Anniversaries Holocaust Remembrance Format The file format, physical medium, or dimensions of the resource news release Type The nature or genre of the resource Text Language A language of the resource eng Source A related resource from which the described resource is derived Louisville Ballet Collection, A Time to Remember, The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/ https://d1y502jg6fpugt.cloudfront.net/34455/archive/files/07fe9dc36d2448d1557fd97784e35581.pdf?Expires=1779926400&Signature=kfKgXGbUQMZ6quiQi9HKWG655wrnOg8gjsyYocNKOKLndJjsQYkW8CUUK57uqgryi%7EK9wJv-oG6vQptjVMq-lPvlfiqINOR8XK-CnR9M8DVUBVpaK5YL8BaFWdUGjoJi-q7wgz2zPACaSl3hxxOPWVkaXHut9k-0D1G%7Ex8FKr7fytpP7IePf7M0eFkSSafukL16ZJuYC1-ASTRnPMNcpQfH9zh6clR0U3s68ndwvdPxL3KaTh62-jSmWRnBfbOaKr7iUkhHwMSEvTb3agq-%7EGcU9RXxEQqxdIUUHiBI6WFbhzID%7EgPzov9tG7qkLz208hKch9gvap1fWHlAMT93NdQ__&Key-Pair-Id=K6UGZS9ZTDSZM cc9c3441ff442863569b92bc82ab1d9d PDF Text Text MUSIC REVIEW A TIME TO REMEMBER By WILLIAM MOOTZ Staff Critic The world premiere of Domy Reiter-Soffer's "A Time to Remember" last night at the Kentucky Center for the Arts brought a packed audience to its feet in a prolonged ovation. There were cheers for choreographer Reiter-Soffer and cheers for the dancers of the Louisville Ballet. There were cheers for composer Noam Sheriff, whose four-movement symphony, "Resurrector of the Dead," was Reiter-Soffer's inspiration. There were cheers for the Louisville Orchestra and a large battery of children's and men's choirs who performed the symphony under Sheriff's baton. And finally, there were cheers for baritone James Wood and tenor Joseph Malovany, the vocal soloists. Malovany had an especially demanding assignment, which he sang throughout with fervent emotional intensity.. But Reiter-Soffer, who was inspired to give "Resurrector of the Dead" a balletic setting when he heard its world premiere several years ago, was the evening's true hero. A commemoration of the 50th anniversary of the Holocaust and the ending of World War 11 in Europe, his "A Time to Remember" is a riveting work, all the more moving because it handles its agonizing subject matter with notable restraint. There is pain, vividly expressed, · throughout "A Time to Remember.'' To Sheriff's symphony, much of it settings of Hebrew texts culled from the Old Testament, ReiterSoffer creates an emotional land- scape encompassing grief and horror, violence and desolation. But in his choreography there is an avoidance of naturalistic gesture, which is reflected in the projections of Holocaust tragedies depicted in C.J. Pressma's filmed montages that serve as scenic backdrop. The most memorable images in the piece are simple ones - a child walking alone as she dangles a broken doll in one hand; a couple mourning the loss of community as their world is torn apart; a concentration-camp prisoner impaling himself on a barbed-wire thicket as he makes a desperate dash for freedom. The most surprising image of all is that of hope; expressed in a soaring final "Hallelujah" in Sheriff's music and visually represented in Reiter-Soffer's staging by the blazing light of what seemed to be a thousand candles. In this final episode, Reiter-Soffer sets his dancers spinning in an exultant celebration of life, love and faith. "A Time to Remember" is an ensemble work, in which dancers mingle with choral singers in an intricate counterpoint of movement. Aside from the fact that the children's choirs carried scores, the choruses functioned convincingly as citizens beset by momentous events. Among the dancers, David Goud contributed a vivid cameo as a Nazi victim seeking freedom. Prominent, too, were Helen Starr and Dale Brannon as a couple sundered by political brutality. In addition to the ballet and orchestra, last night's performance was sponsored by the Jewish Community Federation of Louisville. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Holocaust and the Ohio Valley, 1920, 1933-1990s Description An account of the resource This collection consists of documents and photographs related to Jewish experiences in the Holocaust and World War II, Jewish American efforts to support refugees, and historical memory of the Holocaust in Kentucky and Southern Indiana. This digitization project is in partnership with the Louisville Ballet's <em><a href="https://www.louisvilleballet.org/a-time-remembered/" target="_blank" rel="noreferrer noopener">A Time Remembered</a> </em>performance, which marks the 80th anniversary of the liberation of Auschwitz-Birkenau. <div><br />Holocaust-era family documents center on the Wolff, Levy, and Ackermann families who escaped to the United States from France and Austria, and ultimately settled in Louisville. Passports provide photographs of the family members and track their movements through countries. Letters document their efforts to navigate the administrative barriers to passage, and the tragic fate of relatives who were not approved to leave.<br /><br />Records from the National Council of Jewish Women, Louisville Section document the organization's activist work in fundraising for and directly serving refugees in the city, and political organizing around national immigration policies and economic boycotts of German-made goods. The collection includes sample correspondence from national organizations and individuals who supported and were against Zionism in response to the violent antisemitism of the Holocaust. <br /><br />The final items in the collection document Holocaust memorial events in the 1990s. Invitations, photographs, scripts, press releases, and articles represent the memorialization work of the Jewish Community Center, Jewish Community Federation of Louisville, <span>Louisville Ballet, Louisville Orchestra, and other  organizations.</span></div> <br />This project was generously supported by the Jewish Heritage Fund.<br /><br /><a href="https://jewishheritagefund.com/" target="_blank" rel="noreferrer noopener"><img src="https://jewishheritagefund.com/wp-content/uploads/2022/01/jhfe-logo-leftaligned-color@2x.png" alt="jhfe-logo-leftaligned-color@2x.png" width="306" height="58" /></a> Source A related resource from which the described resource is derived The Filson Historical Society, Louisville, Kentucky Date A point or period of time associated with an event in the lifecycle of the resource 1920, 1933-1990s Type The nature or genre of the resource Collection Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Louisville Ballet Collection scrapbook 1994-1995 Title A name given to the resource A Time to Remember review, May 1995 Creator An entity primarily responsible for making the resource Louisville Ballet (Louisville, Ky.) Mootz, William Description An account of the resource Clipping of William Mootz's review of A Time to Remember performance pasted in the Louisville Ballet scrapbook for 1994-1995. Date A point or period of time associated with an event in the lifecycle of the resource 1995-05 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 20th century 1990s Subject The topic of the resource Jewish Holocaust (1939-1945) Jewish Community Center (Louisville, Ky.) Jewish Community Federation of Louisville Louisville Ballet (Louisville, Ky.) Louisville Orchestra (Louisville, Ky.) Performing arts Dance Music Orchestra Choirs (Music) Anniversaries Holocaust Remembrance Format The file format, physical medium, or dimensions of the resource review article Type The nature or genre of the resource Text Language A language of the resource eng Source A related resource from which the described resource is derived Louisville Ballet Collection, A Time to Remember, The Filson Historical Society, Louisville, Kentucky Rights Information about rights held in and over the resource In Copyright This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s). http://rightsstatements.org/vocab/InC/1.0/ Property rights in the collection belong to The Filson Historical Society. The Filson Historical Society can provide high-resolution scans of original source materials from its holdings for non-commercial and commercial use. To learn about this process, visit https://filsonhistorical.org/collections/order-reproductions/