CORRECTIONS. Page 1, lines 3 and 2 from the bottom of the text, dele “territorial jurisdictions and." Pages 219, 220, for "State" and "States," where they occur in section 581, read, 66 state" and "states." Page 234, in the heading of the Chapter, dele "THE SUBJECT CONTINUED," and after "PROVISIONS," insert, OF THE FIRST and second SECTIONS." 66 Page 286, line 17 from top, for " 499," read, " 409." Page 361, line 19 from top, after "report," insert, "in 20 New York Reports." Page 373, line 19 from top, for "Himsley's," read, "Helmsley's." Page 381, line 13 from top, for "Ohio. The case is not as yet reported," read, 'Ohio, 24 Howard, 66." Page 446, lines 12 and 13 from top, for "12 Wendell, Chief Justice Nelson," read, "12 Wendell, 311, Judge Nelson." Page 447, line 1 of text, for "311," read, "325," and line 1 of note, for "311," read, "319." Page 521, line 19 from top, for "3 Wisc., 157. In this decision the three," read, "3 Wisc., 157, the three." Page 554, line 23 from top, for "Nelson, Ch. J.," read, "Judge Nelson." Page 698, lines 5 and 7 from the beginning of the section, dele “demand or" and 66 'demandant or." Page 703, line 1 of note 2, for "Hemsley's," read, "Helmsley's." Page 760, line 1 of text, for "ten," read, "nine." THE LAW OF FREEDOM AND BONDAGE. CHAPTER XVII. THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED. LEGISLATION IN THE ORIGINAL THIRTEEN STATES; THE STATES KENTUCKY, TENNESSEE, VERMONT, MAINE, AND THE DISTRICT OF COLUMBIA. 540. In making that historical abstract of legislative action having the character of local municipal law in the United States which was proposed in the preceding chapter,' it will be convenient to classify the several States and Territorial Districts into three divisions, and present their several local statutory law in three corresponding chapters. 1. The first of these divisions will comprehend the original thirteen States, the District of Columbia, and the four States formed in territory which, before, had belonged to one of the older States." 2. In the second will be classed the territorial jurisdictions. and States formed in territory ceded to the United States by the older States. 1 Ante, § 537-539. Harcourt v. Gaillard, 12 Wheat., 526-at the close of the revolution "there was no territory within the United States that was claimed in any other right than that of some one of the confederated States." VOL. II.-1 3. The third will comprehend the territorial jurisdictions and States formed in territory annexed to the preceding divisions by treaty or by conquest. In this chapter will be given the statute law of the States included in the first division, arranged in the following order: Virginia, Kentucky (formed out of part of Virginia), Maryland, the District of Columbia (formed of parts of Virginia and Maryland), Massachusetts, Maine (formed of part of Massachusetts), New Hampshire, Vermont (formed of territory claimed by New Hampshire and New York), New York, New Jersey, Pennsylvania, Delaware, North Carolina, Tennessee (formed of part of North Carolina), South Carolina, and Georgia. $541. LEGISLATION OF THE STATE OF VIRGINIA. 1776, c. 12. An act for naval officers, &c. A clause requires masters of vessels to take oath not to carry away "any debtors, servants, or slaves.". 9 Hen. 186. 1777, 1st Sess. of the Commonwealth, c. 2. On enlistments. A clause forbids the enlisting of negroes and mulattoes without a certificate of freedom. 9 Hen. 280. c. 3. An act obliging "all free-born male inhabitants above the age of sixteen years, except imported servants during the time of their service," to take the oath of allegiance. Ib. 281. 1778, 3d Sess., c. 1. An act preventing the farther importation of slaves. Sec. 1. That "no slave or slaves shall hereafter be imported into this Commonwealth by sea or land, nor shall any slaves so imported be sold or bought by any person whatsoever." 3. The slaves so imported shall become free. 4. Excepts slaves brought in by persons removing from other States, provided they take an oath of intention, &c.; and by travelers and others "making a transient stay in this Commonwealth, bringing slaves with them for necessary attendance and carrying them out again." 6. Repeals so much of the act of 1753, c. 7, as comes within the purview of this act. 9 Hen. 471. Comp. Code of 1819. An exception in favor of South Carolina and Georgia during the war in 1780, c. 33. 10 Hen. 504. 1779, 3d. Sess., c. 1; 4th Sess., c. 24; relating to taxes, provide a specific poll-tax on slaves capable of work. 10 Hen. 12, 166. c. 30, laying a tax on property, provides that it shall not "extend to any negro or mulatto servant or slaves." Ib. 189. c. 55. An act declaring who shall be deemed citizens of this Commonwealth. "That all white persons born within the territory," &c., shall be, &c. (See laws 1783, 1786, 1792-3.) "And all others, not being citizens of any of the United States of America, shall be deemed aliens ;" provides"The free white inhabitants of every of the States parties to the American Confederation, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all rights, privileges and immunities of free citizens in this Commonwealth, and shall have free egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the citizens of this Commonwealth.' And if any person guilty of, or charged with, treason, felony, or other high misdemeanor in any of the said States, shall flee from justice and be found in this Commonwealth, he shall, upon the demand of the governor or executive power of the State from which he fled, be delivered up to be removed to the State having jurisdiction of his offence."" 10 Hen. 129. Rep. by 1783, c. 16. 1781, 6th S. c. 40. Tax law. Sec. 2, for a poll tax on white male persons above twenty-one years, and all slaves. 10 Hen. 504. 1782, 6th S. c. 8. An act for the recovery of slaves, horses, and other property taken by the enemy, 11 Hen. 23. c. 21. An act to authorize manumission of slaves, sec. 1, 1 3 The 4th of the Articles of Confederation, adopted July 9, 1778, reads"The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an inhabitant," &c. 2 3 Following the terms of the 4th Article of Confederation. Lewis v. Fullerton (1817), 1 Rand. 15, manumission in Ohio not valid be tween master and slave domiciled in Virginia, unless according to law of Virginia; authorizing manumission by will, adding that the slaves "shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude." (See law of 1805-6, c. 63, sec. 10.) Ib. 39. c. 32. An act concerning slaves, that if permitted to hire themselves out they may be sold by public authority. Ib. 59. 1783, c. 3. An act concerning the emancipation of certain slaves who have served as soldiers in this State. 11 Hen. 308. c. 16. An act for the admission of emigrants and declaring their right to citizenship. Sec. 1 declares "that all free persons born within the territory of this commonwealth," &c., shall be entitled to all the rights, privileges, and advantages of citizens, Sec. 4 repeals the act of 1779, c. 55. Ib. 323. 1784, c. 28. Amending the militia laws, sec. 8, duties of militia as "patrollers" in respect to negroes, &c. 11 Hen. 489. 1785, 10th S., c. 77. An act concerning slaves. Sec. 1. "That no person shall henceforth be slaves except such as were so on the first day of this present session, and the descendants of the females of them. Slaves which shall hereafter be brought into this commonwealth and kept therein one whole year together, or so long at different times as shall amount to one year, shall be free." Other sections contain ordinary provisions of a police nature. 12 Hen. 182. c. 78. An act declaring what persons shall be deemed mulattoes. "That every person of whose grandfathers or grandmothers any one is or shall have been a negro, although, &c., shall be deemed a mulatto, and so every person who shall have one fourth part or more of negro blood shall in like manner be deemed a mulatto." Ib. 184.' -, c. 83. An act concerning servants. White persons under compulsory service are referred to. Ib. 190. c. 84. An act for apprehending and securing runaways. Ib. 192. 1786, 11th S., c. 10. An act to explain, &c. Sec. 2, that "all free persons, born within the territory of this Commonwealth, all persons not being native who shall have, &c., shall but, Moses v. Deniger, 6 Rand. 561, that emancipation by will, before 1792, c. 41, was unlawful. Fulton v. Shaw, 4 Rand. 597, condition that the issue of the emancipated shall be slaves is void; they are free. 'See Gregory v. Baugh, 4 Rand. 611. |