LAWS OF THE SOUTHERN STATES WITH REFERENCE TO IMPORTATION AND
EXPORTATION OF SLAVES.
VIRGINIA.
The General Assembly of Virginia, 1778, enacted that "no slaves
shall hereafter be imported into this commonwealth, by sea or land,
nor shall any slave or slaves so imported be sold or bought by any
person whatever," under penalty of one thousand pounds for every slave
imported and five hundred pounds for every one either sold or bought,
and the slave himself to be free. It was provided, however, that
persons removing to the State from other States with the intention of
becoming citizens of Virginia might bring their slaves with them, upon
taking the following oath within ten days after their removal:
"I. A.B. do swear that my removal to the State of Virginia was with no
intention to evade the act for preventing the further importation of
slaves within this commonwealth, nor have I brought with me, nor have
any of the slaves now in my possession been imported from Africa, or
any of the West India Islands since the first day of November 1778, so
help me God."[301]
This act did not apply to persons claiming slaves by descent, marriage
or divorce, or to any citizen of Virginia who was then the actual owner
of slaves within any of the United States, nor to transient travellers
having slaves as necessary attendants.[302]
In 1785 a law was passed declaring free the slaves who should afterward
be imported and kept in the State a year, whether at one time or at
several times. (a) The same exceptions were made as in the law of 1778.
In 1796 these acts were amended making it lawful for any citizen of
the United States residing in Virginia or owning lands there to carry
out any slaves born in the State and bring them back, provided they
had neither been hired nor sold. If, however, they were entitled to
freedom in the State to which they were removed, they could not again
be held as slaves in Virginia.[303]
In 1806 a law was passed totally prohibiting the introduction of
slaves into Virginia.[304] It was amended, however, in 1811, in favor
of residents of the State, as it restored to them the same privileges
concerning the importation of slaves which they had under the law of
1778.[305] An act of January 9, 1813, further amended and extended
to immigrants the right of bringing in slaves. They were allowed to
introduce only such slaves as they had owned for two years or acquired
by marriage or inheritance. Any one introducing slaves was put under
obligation not to sell them within two years. Those thus importing
slaves were required also to exhibit before a justice of the peace
a written statement with the name, age, sex and description of each
slave, and to take oath that the account was true and that they
were not introduced for the purpose of sale or with the intention
for evading the laws.[306] The last act of Virginia regarding the
importation of slaves was that of 1819. This law permitted the
importation of slaves not convicted of crime, from any of the United
States.[307]
SOUTH CAROLINA.
In 1792 South Carolina passed a law to prohibit for two years the
importation of slaves from Africa, or from "other places beyond
the seas;" it also prohibited the introduction of slaves who were
bound for a term of years in any of the United States. An exception,
however, was made of citizens who might acquire slaves by marriage,
or actual settlers in the State and of travellers.[308] This act was
revised in 1794 and extended to 1797. As revised it totally prohibited
the introduction of slaves into South Carolina from all places from
without the United States.[309] In 1796 it was extended to 1799;[310]
again extended in 1798 to 1801 (a); and in 1800 it was again extended
to 1803. In 1800, also, an act was passed totally prohibiting the
introduction of slaves into the State except by immigrants,[311] and
in 1801 it was made even more stringent: Any slaves brought in were to
be sold by the sheriff of the district in which they were found upon
the order of the court.[312] It was found that the acts of 1800 and
1801 were too rigorous and inconvenient. In 1802 that part of the laws
which prevented citizens of other States from carrying their own slaves
through South Carolina was repealed. It was provided that any one who
wished to pass through the State with slaves might do so; but near the
place where he was to enter the State he should take the following oath
before a magistrate or quorum:
"I, A.B., do swear that the slaves which I am carrying through this
State are bona fide my property, and that I will not sell, hire or
dispose of said slaves, or either of them, to any resident or citizen,
or body corporate or public, or any other person or persons whomsoever,
within the State of South Carolina, but will travel directly to the
place where I intend to move."[313]
In 1803 an act repealing and amending former acts on the importation of
slaves was enacted. The introduction of negroes from the West Indies or
South America was prohibited; and from any of the other States unless
with a certificate of good character. There was no restriction with
respect to Africa.[314]
No more laws regarding importation were passed until 1816. Then it was
enacted that no slave should be brought into the State "from any of the
United States or territories or countries bordering thereon." The only
exception was in favor of travellers with not more than two slaves,
or settlers on their way to other States, who, before entering South
Carolina, were required to take an oath with regard to their slaves
similar to that required by the law of 1802.[315] This law was amended
in 1817 in part as follows:
"That every inhabitant of this State who was bona fide entitled in his
or her own right or in the right of his wife, to any slave or slaves on
the 19th day of December, 1816, or hereafter shall become entitled to
any such slave, by inheritance or marriage, shall be permitted to bring
them in" on certain conditions.[316] Both the law of 1816 and that of
1817 were repealed in 1818.[317]
In 1823 South Carolina made it lawful to bring into the State any slave
from the "West Indies, South America, or from Europe, or from any
sister State which may be situated to the North of the Potomac River
or the City of Washington." No slave was allowed to return to South
Carolina who had been carried out of the State and had visited any of
these places. The penalty was severe, it being $1,000 and forfeiture of
the slave.[318] This law was re-enacted in 1835,[319] and in 1847 it
was amended to allow slaves to return who should go to Cuba, on board
of any steamboat in the capacity of steward, cook, fireman, engineer,
pilot, or mariner, provided he had visited none of the other restricted
places.[320] It was amended again in 1848 and Baltimore and all ports
on the Chesapeake Bay in the State of Maryland were placed on the same
footing with regard to the importation of slaves as the States south of
the Potomac.[321]
NORTH CAROLINA.
In 1786 North Carolina passed her first law to restrict the importation
of slaves from other States. It was as follows:
"Every person who shall introduce into this State any slave from any
of the United States, which have passed laws for the liberation of
slaves, shall, on complaint thereof before any justice of the peace be
compelled by such justice to enter into bond with sufficient surety, in
the sum of $100 current money for each slave, for the removing of such
slave to the State from whence such slave was brought, within three
months thereafter, the penalty to be recovered, one-half for the use
of the State, the other half for the use of the prosecutor, or failure
of a compliance therewith; and the person introducing such slave shall
also, in case of such failure, forfeit and pay the sum of $200, to
be recovered by any person suing for the same and applied to their
use."[322]
A law of 1794 prohibited the introduction of slaves and indentured
servants of color. Exceptions were made of slave owners coming to
the States to reside and of citizens of North Carolina inheriting
slaves in other States.[323] In 1795 emigrants from the West Indies,
Bahama Islands, French, Dutch and Spanish settlements on the southern
coast of America, were prevented from bringing in slaves who were
more than fifteen years of age. An act of 1776, however, allowed
slaves to be brought in who belonged to residents near the Virginia
and South Carolina boundaries.[324] A law was passed in 1816 which
provided that slaves brought into North Carolina from foreign countries
contrary to the act of Congress of 1807, to be sold. No more laws
concerning importation were passed after the repeal of the laws against
importation about 1818.
GEORGIA.
Georgia passed a law against the importation of slaves in 1793.[325]
This seemed to apply only to slaves imported from without the United
States. In 1798 a new constitution was framed which provided "that
there shall be no importation of slaves into this State from Africa or
any foreign place after the first of October next."[326]
In 1817 the following was enacted:
"It shall not be lawful, except in cases herein authorized and allowed
for any person or persons whatever to bring, import or introduce into
this State, to aid, or assist, or knowingly to become concerned or
interested in bringing, importing or introducing into this State,
either by land or by water, or in any manner whatsoever, any slave
or slaves." Citizens of Georgia and those of other States coming to
Georgia to live were permitted to bring in slaves for their own use.
Before importing them they were required to make oath before the proper
authorities that they were not imported for sale, or hire, lend, or
mortgage. The act was not to extend to travellers.[327] This act was
repealed in 1824 and slaves then were imported and disposed of without
restriction.[328] The law of 1817 was revised in 1829; modified in
1836; again repealed in 1841; revived again in 1842.[329]
In 1835 a law was enacted making any one subject to fine and
imprisonment who should bring into Georgia any male slave who had been
to a non-slave-holding State or to any foreign country.[330]
In 1849 "all laws and parts of laws, civil and criminal, forbidding
or in any manner restricting the importation of slaves into this
State from any other slave-holding State" were repealed. Cities and
towns were given the right to regulate the sale of slaves by traders,
and to prescribe the places in their jurisdiction where slaves might
be kept and sold.[331] In 1852 so much of this law as had reference
to importation of slaves was repealed and the act of 1817 was
revived.[332] But the penitentiary imprisonment clause was eliminated.
The law of 1852 was repealed by the Legislature of 1855-6 and the act
of 1849 was revived thus again opening the State to the unrestricted
importation of slaves.[333]
MARYLAND.
In 1783 Maryland prohibited the importation of slaves. It was amended
in 1791 and also in 1794.[334] In 1796 the General Assembly of
Maryland enacted: "That it shall not be lawful, from and after the
passing of this act to import or bring into this State, by land or
water, any negro, mulatto, or other slave, for sale, or to reside
within this State; and any person brought into this State as a slave
contrary to this act, if a slave before, shall thereupon immediately
cease to be the property of the person or persons so importing or
bringing such slave within the State, and shall be free."
Immigrants to the State were allowed to bring in their own slaves,
at the time of removal or within one year afterward. It was required
that these slaves should have been within the United States three
years.[335] In 1797 this law was modified in favor of those coming into
Maryland to reside. In 1810 a law was passed to prevent those who were
slaves for a limited time from being sold out of the State.[336]
In 1817 a law was passed regulating the exportation of slaves as
follows:
"That whenever any person shall purchase any slave or slaves within
this State, for the purpose of exporting or removing the same beyond
the limits of this State, it shall be their duty to take from the
seller a bill of sale for said slave or slaves, in which the age and
distinguishing marks as nearly as may be, and the name of such slave or
slaves shall be inserted and the same shall be acknowledged before some
justice of the peace of the county where the sale shall be made and
lodged to be recorded in the office of the clerk of the said county,
within twenty days, and the clerk shall immediately on the receipt
thereof, actually record the same and deliver a copy thereof on demand
to the purchaser, with a certificate endorsed thereupon under the seal
of the county of the same being duly recorded."[337]
The following year (1818) a law was passed which provided that any
slave convicted of a crime, which, in the judgment of the court should
not be punished by hanging, might be transported for sale.[338] In 1846
the legislature enacted that slaves, sentenced to the penitentiary
should be publicly sold at the expiration of their service and
transported.[339]
In 1831 a very restrictive law was enacted. It prohibited
the introduction of slaves into the State either for sale or
residence.[340] The restrictive policy did not continue long, for
in 1833 the barrier to the introduction of slaves for residence
was withdrawn. Persons removing to the State with the intention of
becoming citizens were required to pay a tax on every slave introduced
for the benefit of the State Colonization Society.[341] This act
was supplemented by another in 1839. Immigrants were required to
make affidavit that it was their intention to become citizens of the
State, and to pay a tax on their slaves imported from five to fifteen
dollars, according to age.[342] In 1847 a provision was made to allow
guardians, executors and trustees residing in the State to bring in
slaves appointed by a last will.[343]
In 1850 all laws against the importation of life slaves was repealed
except such as extended to those who were slaves for a term of years or
those convicted of crime in another State.[344] Maryland continued open
to the introduction of slaves.[345]
DELAWARE.
Delaware has the distinction of being the only one of the original
Southern States to embody a declaration unfavorable to the importation
of slaves in her first constitution. In that of 1776 she says:
"No person hereafter imported into this State from Africa ought to be
held in slavery under any pretense whatever; and no negro, Indian, or
mulatto ought to be brought into this State for sale from any part of
the world."[346]
In 1787 a law was passed regulating the exportation of slaves. A permit
was required to export negroes.[347] A law permitting the introduction
of slaves who were devised or inherited was enacted. The law against
exportation was made more severe.[348]
In 1793 another law was enacted to further regulate the exportation of
slaves. It only made a slight change. Any negro exported contrary to
the act was to have his freedom.[349] In 1828 courts were given the
right to sentence slaves for certain offenses to be exported. Those
thus exported were not allowed to return to the State.[350] There
were re-enactments in 1827 and in 1829 concerning the exportation
of slaves.[351] In 1833 a law was passed to enable farmers to carry
slaves into Maryland to cultivate land without incurring any
penalty.[352] There seems to have been no more enactments of Delaware
concerning importation or exportation of slaves.
LOUISIANA.
The act of Congress in 1804 erecting Louisiana into a territory
prohibited the introduction of slaves into it from without the United
States. Only slaves imported before May 1, 1798, could be introduced,
and those had to be slaves of actual settlers.[353] An act of Louisiana
in 1810 was to prevent the introducing of slaves who had been guilty of
crime.[354]
It was not until 1826 that Louisiana as a State passed any law against
the introduction of slaves as merchandise. But this year it was enacted
"That no person or persons shall after the first day of June 1826,
bring into this State any slave or slaves with the intention to sell or
hire the same." Citizens of Louisiana and immigrants could bring in
their own slaves, but were not allowed to hire, exchange or sell them
within two years after such importation.[355] This act was repealed
in 1828,[356] but in 1829 another law was passed which required that
any one who should introduce slaves above twelve years of age to have
a certificate for each slave, signed by two respectable and well
known freeholders of the county from which the slaves were brought,
accompanied with their declaration on oath that the slaves had never
been guilty of crime, and that they were of good character. Children
under ten years of age could not be brought in separate from their
mother.[357] This was repealed March 24, 1831.[358] Almost immediately
after the Southampton Massacre in Virginia, Louisiana called an extra
session of her legislature. The only important act of the session was
an act prohibiting importation of slaves for sale or hire. Immigrants
and citizens were prohibited from bringing in slaves from Alabama,
Mississippi, Florida and Arkansas. Those permitted to be brought in
could not be sold or hired within five years. A certificate as in
the law of 1829 was also required.[359] It was amended during the
same session and the States of Tennessee, Kentucky and Missouri were
included in the prohibition.[360] It was repealed in 1834[361] and no
other law with respect to the importation of slaves was ever enacted by
Louisiana.
MISSISSIPPI.
The Act of Congress in 1798, establishing a government in the
Mississippi Territory prohibited the importation of slaves from without
the United States,[362] and the constitution of 1817 excluded slaves
guilty of "high crimes in other States."[363]
The territorial act of 1808 made it unlawful "to expose for sale any
slave above fifteen years of age without having previously exhibited
to the chief justice of the Orphans' Court of the county where offered
for sale, a certificate signed by two respectable freeholders living in
the county from whence the slave was brought, describing the stature,
complexion, sex, name, and not to have been guilty of any murder,
crime, arson, burglary, felony, larceny to their knowledge or belief
where he came from, which certificate shall be signed and acknowledged
before the clerk of the county from whence he came, and certification
by said clerk that those whose names are prefixed are respectable
freeholders.... Such certificates aforesaid shall be registered with
the register of the orphans' court where such slaves are sold, the
seller taking oath that he believes said certificate is just and
true."[364]
In 1819 another act was passed to amend the law of 1808. Slaves brought
into the State as merchandise were made subject to a tax of twenty
dollars each. A certificate was required as in the law of 1808, but it
was not to apply to those brought in for their own use by citizens and
immigrants except those from Louisiana and the Alabama territory.[365]
An act of 1822 reduced into one the several acts concerning slaves,
free negroes and mulattoes, but no important changes were made with
regard to the importation of slaves.[366]
The new constitution of 1832, like that of 1817, excluded slaves
guilty of "high crime in other States." It declared, also, that "The
introduction of slaves into this State as merchandise, or for sale,
shall be prohibited from and after the first day of May eighteen
hundred and thirty-three."[367]
This provision of the constitution gave rise to a great deal of
litigation;[368] nor was it effective in prohibiting importation of
slaves. The latter appears from the fact that in 1837 by an act of
the legislature "the business of introducing or importing slaves into
this State as merchandise, or for sale be, and the same is hereby
prohibited." The penalty was $500 and six months' imprisonment for
each slave so brought in, and notes which might be given for slaves
were not collectable.[369] This law was repealed in 1846.[370]
ALABAMA.
The first law passed by Alabama concerning the importation of slaves
was for the purpose of carrying into effect the laws of the United
States prohibiting the slave trade. This was enacted in 1823 and
provided that slaves imported should be employed on public works or
sold for the State.[371]
But on January 13, 1827, it was enacted that "if any person or persons,
shall bring into this State any slave or slaves, for the purpose of
sale or hire, or shall sell or hire, any slave or slaves brought into
this State after the first day of August next, such person or persons
shall forfeit and pay the sum of $1,000 for each negro so brought in,
one-half thereof to the person suing for the same and the other half
to the use of the State. And, moreover, any person thus offending shall
be subject to indictment, and on conviction shall be liable to be fined
a sum not exceeding five hundred dollars for each offense and shall be
imprisoned not exceeding three months, at the discretion of the jury
trying such offense."
Citizens of the State, however, were allowed to purchase negroes for
their own use but could not sell them until two years after being
brought into the State.[372] This law was repealed in 1829.[373]
Another prohibitive law was passed January 16, 1832. But immigrants
were allowed to bring their own slaves with them and citizens of the
State could import slaves for their own use, when these introduced
slaves returns were to be made upon oath to the county courts
within thirty days, describing them, and declaring that they were
not introduced for the purpose of sale or hire. Citizens of Alabama
could import slaves which might have become theirs by inheritance or
marriage. The provisions of the law did not apply to travellers, nor
to citizens temporarily removed from the State.[374] This was repealed
December 4, 1832,[375] and no other prohibitive law was enacted.
KENTUCKY.
The laws passed by Virginia concerning importation of slaves prior
to 1790 were in force in Kentucky until 1798.[376] This year an act
reducing into one several acts, concerning slaves, free negroes,
mulattoes and Indians was passed. No slaves could be imported into
Kentucky who were introduced into the United States from foreign
countries, except by immigrants who did not violate this provision.
Citizens could do the same. But no slaves might be imported as
merchandise.[377] An act amending this was approved February 8, 1815.
No one was allowed to bring slaves into Kentucky except those intending
to settle in the State, and they were required to take the following
oath:
"I, A.B., do swear (or affirm) that my removal to the State of
Kentucky, was with an intention to become a citizen thereof, and that
I have brought with me no slave or slaves, and will bring no slave or
slaves to this State with the intention of selling them."[378]
In 1833 it was enacted "That each and every person who shall hereafter
import into this State any slave or slaves, or who shall sell or buy,
or contract for the sale, or purchase, for a longer term than one
year, of the service of any such slave or slaves, knowing the same
to have been imported as aforesaid, he, she, or they, so offending,
shall forfeit $600 for each slave so imported, sold or bought or whose
service has been so contracted for."[379]
It was not to apply to immigrants provided they took the required oath;
nor to citizens of Kentucky who derived their "title by will, descent,
distribution, marriage, gift, or in consideration of marriage;" nor
to travellers who could prove to the satisfaction of a jury that the
slaves were for necessary attendance.[380]
There were minor acts and quite a number of acts of a private character.
TENNESSEE.
Tennessee was originally a part of North Carolina and the laws of North
Carolina which were in force at the time of the cession of Tennessee to
the United States in 1790 were continued in force in Tennessee.[381]
The first law passed by Tennessee with reference to importation of
slaves was in 1812. It prohibited their importation as merchandise for
a term of five years. Persons coming as settlers or residents who had
acquired slaves by descent, devise, marriage, or purchase for their own
use were permitted to import them. Immigrants were obliged to take the
following oath:
"I, A.B., do solemnly swear or affirm that I have removed myself
and slaves to the State of Tennessee with the full and sole view of
becoming a citizen, and that I have not brought my slave or slaves
to this State with any view to the securing of the same against any
rebellion or apprehension of rebellion, so help me God."[382]
No other law concerning importation was enacted until 1826. It was
practically the same as that of 1812 except that it was a perpetual
act and no one was allowed to introduce slaves which had been guilty
of crimes in other States.[383] This act continued in force until 1855
when so much of it was repealed as related to the importation of slaves
as merchandise.[384]
MISSOURI, ARKANSAS, FLORIDA AND TEXAS.
The Constitution of Missouri (1820) circumscribed the powers of the
legislature with reference to importation of slaves as follows:
"The General Assembly shall have no power to pass laws to prevent bona
fide immigrants to this State or actual settlers therein from bringing
from any of the United States, or from any of their territories, such
persons as may there be deemed to be slaves, so long as any persons of
the same description are allowed to be held as slaves by the laws of
this State.
"They shall have power to pass laws:
"To prohibit the introduction into this State of any slaves who may
have committed any high crime in any other State or territory;
"To prohibit the introduction of any slave for the purpose of
speculation, or as an article of trade or merchandise;
"To prohibit the introduction of any slave or the offspring of any
slave, who heretofore may have been, or who hereafter may be imported
from any foreign country into the United States or any territory
thereof in contravention of any existing statue of the United
States."[385]
The first constitutions of most of the other Southern States had
provisions somewhat similar to these among which are Arkansas,[386]
Florida,[387] and Texas.[388]
The only laws passed by Missouri regarding importation were those of
1835, 1843 and 1845. The law of 1843 simply prohibited the importation
of slaves entitled to freedom at a future date[389] and against
kidnapping in 1845.[390] The law of 1835 was the leading one. It
prohibited the introduction of any slave who had elsewhere committed
any infamous crime, or any who had been removed from Missouri for
crime, or any imported into the United States contrary to law.[391]
Texas[392] and Florida[393] as States seem never to have prohibited the
importation of slaves except those guilty of crime.
The only act of Arkansas concerning importation was passed in 1838 and
put in force by proclamation of the Governor March 20, 1839. It was
never repealed so far as we could find, and is as follows:
"No person shall knowingly bring or cause to be brought into this
State, or hold, purchase, hire, sell, or otherwise dispose of within
the same; first, any slave who may have committed in any other State,
territory or district within the United States, or any foreign country,
any offense, which, if committed within the State, would, according
to the laws thereof, be felony or infamous crime; or second, any
slave who shall have been convicted in this State, of any felony or
infamous crime, and ordered to be taken or removed out of this State,
according to the laws thereof; or third, any slave who shall have
actually been removed out of this State after a conviction of felony
or other infamous crime, although no order of removal shall have been
made; or fourth, any person or the descendant of any person, who shall
have been imported into the United States, or any of the territories
thereof in contravention of the laws of the United States, and held as
a slave."[394]
FOOTNOTES:
[Footnote 301: Hening: Statutes at Large, Vol. IX., p. 471.]
[Footnote 302: Hening: Vol. IX., p. 471. (a) Ibid., Vol. XII., p. 182.]
[Footnote 303: Shepherd: Statutes at Large, of Va., Vol. II., p. 19.]
[Footnote 304: Shepherd: Statutes at Large, Vol. III., p. 251.]
[Footnote 305: Acts of 1810-1811, p. 15, C. 14.]
[Footnote 306: Acts of the General Assembly of Va., 1812-13, p. 26. C.
28.]
[Footnote 307: Ibid., 1818-19, p. 37, C. 26.]
[Footnote 308: Faust: Acts of General Assembly of S.C. From 1791 to
1794, Vol. I., p. 215. McCord, Statutes at Large of S.C., Vol. VII., p.
431.]
[Footnote 309: McCord: Vol. VII., p. 433.]
[Footnote 310: Ibid.: p. 434 (a) p. 435.]
[Footnote 311: Ibid.: pp. 436-439.]
[Footnote 312: Ibid., p. 444.]
[Footnote 313: McCord: Stat. at Large of S.C., Vol. VII., p. 447.]
[Footnote 314: Ibid., p. 449.]
[Footnote 315: Acts and Resolutions of the General Assembly of S.C.,
1816, p. 22.]
[Footnote 316: Acts of S.C., 1817, p. 17.]
[Footnote 317: Laws of South Carolina, 1818, p. 57.]
[Footnote 318: Ibid., 1823, p. 61.]
[Footnote 319: Ibid., 1835, p. 37.]
[Footnote 320: Ibid., 1848, Dec. 19, 1848.]
[Footnote 321: Laws of S.C., 1848, Dec. 19, 1848.]
[Footnote 322: Revised Statutes, by Authority of the General Assembly,
1836-7, Vol. II, p. 575. Chap. III., Sec. 19. We could not find that
it was ever repealed. It is to be found in the Revised Code of North
Carolina, 1854. As this was taken from the Revised Statutes of 1836-7,
it is natural to find the penalty expressed in dollars, rather than in
pounds.]
[Footnote 323: Hayward: A Manual of the Laws of N.C., to 1817
inclusive, p. 533. Must have been repealed between 1817 and 1819, as it
is not in the Revised Statutes of 1819.]
[Footnote 324: Hurd: Law of Freedom and Bondage, Vol. II, p. 84.]
[Footnote 325: Hurd: Freedom and Bondage, Vol. II, p. 101.]
[Footnote 326: Poore: Fed. and State Constitutions, Part I., p. 395.]
[Footnote 327: Acts of General Assembly of Ga., 1817, p. 139.]
[Footnote 328: Ibid., 1824, p. 124.]
[Footnote 329: Hurd: Law of Freedom and Bondage, Vol. II., p. 103.]
[Footnote 330: Acts of the State of Ga., 1835, p. 267.]
[Footnote 331: Laws of Ga., 1849-50, p. 374.]
[Footnote 332: Acts of Ga., 1851-2, p. 263.]
[Footnote 333: Acts of Ga., 1855-6, p. 271.]
[Footnote 334: Hurd: Law of Freedom and Bondage, Vol. II., p. 19.]
[Footnote 335: Maxcy: The Laws of Md., Vol. II, p. 351. Co. 67.
Hurd: Vol. II., p. 21.]
[Footnote 336: Ibid.: 1897, Chap. 15. Other exceptions by Public and
Private Acts, 1798, C. 76; 1812, C. 76; 1813, C. 55; 1818-19, C. 201;
Hurd: Vol. II., p. 19.]
[Footnote 337: Dorsey: General Laws of Md., 1692 to 1839, Vol. I., p.
661.]
[Footnote 338: Laws of Md., 1818, C. 197, Sec. 2.
Dorsey: Vol. I., p. 702.]
[Footnote 339: Laws of Md., 1846, Chap. 340, Sec. 2.]
[Footnote 340: Dorsey: Gen. Public and Private Stat. Law, Vol. II., p.
1069; C. 323, Sec. 4.]
[Footnote 341: Dorsey: Ibid., Vol. I., p. 335, note.
Laws of Gen. Assembly of Md., 1833-4, Chap. 87.]
[Footnote 342: Dorsey: Laws of Md., 1602 to 1839, inclusive, Vol. III.,
p. 2325. Laws of 1839, Ch. 155.]
[Footnote 343: Laws of Md. 1847, Chap. 232, Sec. I.]
[Footnote 344: Laws of Md., 1849-50, Chap. 165, Sec. I., II., IV.]
[Footnote 345: Mackall, Md. Code, adopted by Leg. 1860, Vol. I., p.
450.]
[Footnote 346: Poore: Fed. and State Constitutions, Part I., p. 277.]
[Footnote 347: Hurd: Vol. II., p. 74.]
[Footnote 348: Ibid., p. 75.]
[Footnote 349: Laws of State of Del., 1793, p. 105-6. This act of Del.
was sustained by the Court of Baltimore in a case brought before it in
1840. Liberator, July 24, 1840.]
[Footnote 350: Laws of Delaware, Dover, 1829, Vol. VII., p. 122, Feb.
7, 1829.]
[Footnote 351: Hurd: Vol. II., pp. 79-80.]
[Footnote 352: Laws of Del., Vol. VIII., p. 246. Dover, 1837, passed
Feb. 5, 1833.]
[Footnote 353: Poore: Fed. and State Constitutions, Part I., p. 693.]
[Footnote 354: Hurd: Freedom and Bondage, Vol. II., p. 159.]
[Footnote 355: Acts of Second Sess. of Seventh Legislature, pp.
114-116.]
[Footnote 356: Acts 2nd Sess. 8th Leg. (1828), p. 22.]
[Footnote 357: Laws of La., 1829, 1st Sess. 9th Leg., p. 38.]
[Footnote 358: Laws of La., 1831, p. 76.]
[Footnote 359: Acts of Extra Sess. of 10th Leg. of La., p. 4.]
[Footnote 360: Hurd: Vol. II., p. 162.]
[Footnote 361: Laws of La., 1834, p. 6.]
[Footnote 362: Poore: Fed. and State Constitutions, Part II., p. 1050.]
[Footnote 363: Ibid., p. 1064.]
[Footnote 364: Turner: Statutes of the Miss. Territory, Digested by
Authority of the General Assembly, (1816) p. 386-7.]
[Footnote 365: Acts of 1st Sess. of 2nd Gen. Assem. of Miss., p. 5.]
[Footnote 366: Laws Miss., Adj'd. Sess. June, 1822, p. 179.]
[Footnote 367: Poore: Fed. and State Constitutions, Part II., p. 1077.]
[Footnote 368: De Bow's Review, Vol. VIII., p. 23.]
[Footnote 369: Laws of Miss. from 1824 to 1838, Pub. by Authority of
Legislature, p. 758.]
[Footnote 370: Hurd: Vol. II., p. 148.]
[Footnote 371: Ibid., p. 150.]
[Footnote 372: Acts of Assembly of Ala., 1827, p. 44.]
[Footnote 373: Ibid., 1829. p. 63.]
[Footnote 374: Acts of Assembly of Ala., 1831-2, pp. 12-13-14.]
[Footnote 375: Ibid., 1832-3, p. 5.]
[Footnote 376: Hurd: Vol. II., pp. 14-15.]
[Footnote 377: Toulmin: A Collection of all the Acts of Ky. now in
Force (1802), pp. 307-308.
Hurd: Vol. II., pp. 14-15.]
[Footnote 378: Acts. Leg. 1814-15, pp. 435-6.]
[Footnote 379: Ibid., 1832-33, p. 258.]
[Footnote 380: Laws of Kentucky, 1832-33, p. 258.]
[Footnote 381: Hurd: Vol. II., p. 89 and Note 2.]
[Footnote 382: Acts of Tenn., 2nd Sess., 9th Gen. Assembly (1812), p.
84.]
[Footnote 383: Acts of the Extra Sess. of the 16th General Assembly of
Tennessee, 1826, p. 31.]
[Footnote 384: Acts of General Assembly of Tenn., 1855-6, p. 71.]
[Footnote 385: Poore: Fed. and State Con., Part II., p. 1107.]
[Footnote 386: Ibid., Part I., p. 113.]
[Footnote 387: Ibid., p. 329.]
[Footnote 388: Ibid., Part II., p. 1779.]
[Footnote 389: Hurd: Vol. II., p. 170.]
[Footnote 390: Revised Statutes of Mo., Revised and Digested by 13th
Gen. Assembly (1844-5), p. 351.]
[Footnote 391: Revised Statutes of Mo. (1844-5), p. 1013.]
[Footnote 392: Hurd: Vol. II., p. 199.]
[Footnote 393: Ibid., p. 192.]
[Footnote 394: English: Digest of Statutes of Arkansas, p. 947, Chap.
154. Sec. 30. Same law in Digest by Gould, pub. 1858, by authority of
Legislature, Chap. 162, Sec. 28.]
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_Delaware_:
Laws of 1793; 1829, in Vol. VII.; 1833 in Vol. VIII.
_Florida_:
Laws of 1850-51.
_Georgia_:
Acts of the General Assembly of 1817, 1824, 1835, 1849-50, 1855-6.
Oliver H. Prince: A Digest of the Laws of Georgia in force December,
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_Kentucky_:
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Harry Toulmin: A Collection of all Public and Permanent Acts of the
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_Louisiana_:
Laws of 1826, 1828, 1829, 1831, (also Extra Sess. 1831). 1834.
_Maryland_:
Laws of 1809, 1818, 1833-4, 1846, 1847, 1849-50.
Clement Dorsey: The General Public Statutory Law and Public Local Law
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Virgil Maxcy: The Revised Laws of Maryland. 3 vols. Baltimore, 1811.
Henry C. Mackall: The Maryland Code Adopted by the Legislature in
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_South Carolina_:
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_Tennessee_:
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_Virginia_:
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United States, Statutes at Large Vol. V.
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