1821. A Revision. Tit. 93. An act to prevent slavery. Declares the then existing law. See title Slavery in the later revisions.

1833.-An act which appears in the revision of 1835 in Title 53,-Inhabitants, as An act in addition to An act for the admission and settlement of inhabitants in towns. (Rev. of 1821, Title 51.) "Whereas attempts have been made to establish literary institutions in this State for the instruction of colored persons belonging to other States and countries, which would tend to the great increase of the colored population of the State, and thereby to the injury of the people,”-therefore enacts, sec. 1, "That no person shall set up or establish in this State any school, academy, or literary institution for the instruction or education of colored persons, who are not inhabitants of this State, nor instruct or teach in any school, academy or other literary institution whatever in this State, or harbor or board for the purpose of attending or being taught or instructed in any such school, academy or other literary institution, any person who is not an inhabitant of any town in this State, without the consent, in writing, first obtained of a majority of the civil authority, and also of the selectmen of the town in which such school, academy or literary institution is situated; and each and every person who shall knowingly do any act forbidden as aforesaid, or shall be aiding or assisting therein, shall for the first offence forfeit and pay to the treasurer of this State a fine of one hundred dollars, and for the second offence shall forfeit and pay a fine of two hundred dollars, and so double for every offence of which he or she shall be convicted. And all informing officers are required to make due presentment of all breaches of this act. Provided that nothing in this act shall extend to any district school established in any school society under the laws of this State or to any incorporated academy or incorporated school for instruction in

master should take away such property, his slave would be entitled to an action against him by his prochein ami. From the whole we see 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, and the slave is a servant for life. Slaves could not contract in court, for this is specially forbidden by statute." (Rev. of 1784.)

this State. 2. Any colored person not an inhabitant of this State who shall reside in any town therein for the purpose of being instructed as aforesaid, may be removed in the manner prescribed in the sixth and seventh sections of the act to which this is an addition.' 3. Any person not an inhabitant of this State, who shall reside in any town therein for the purpose of being instructed as aforesaid, shall be an admissible witness in all prosecutions under the first section of this act, and may be compelled to give testimony therein, notwithstanding any thing in this act, or in the act last aforesaid. 4. That so much of the seventh section of the act to which this is an addition as may provide for the infliction of corporal punishment, be and the same is hereby repealed."

1838, c. 34. Repeals the above, excepting the last section. c. 37. An act for the fulfillment of the obligations of this State, imposed by the Constitution of the United States, in regard to persons held to service or labor in one State escaping into another, and to secure the right of trial by jury

1 Crandall v. The State, 10 Conn. 340. The plaintiff had been indicted under this act: verdict and judgment, in the court below, against her. On hearing the case in the Supreme Court of Errors the information was held to have been insufficient. No opinion was delivered on the question raised on the trial and argued before the court-whether this statute was a violation of the first paragraph of sec. 2 of art. 4 of the Const. of the U. S. On the trial, Daggett, Ch. J., had charged that colored persons, "slaves, free blacks or Indians," are not citizens within the meaning of that provision. His reasoning was, before the case of Dred Scott, often cited as the leading authority on that side, and the arguments of counsel are suggestive and offer many authorities. A critical examination of this decision by Wm. Jay, Esq., may be found in his Inquiry into the character and tendency of the American Colonization and American Anti-Slavery Societies, pub. 1835, p. 37.

It is very remarkable that no objection seems to have been taken to this act as a violation of the State Constitution. Unless that Constitution recognized a distinction among free persons in respect to its guarantees, how could the legislature discriminate? And are not aliens in Connecticut protected against the action of the legislature by the State Bill of Rights as much as residents?

2 Sec. 6. " When any inhabitant of any of the United States (this State excepted) shall come to reside in any town in this State, the civil authority, or the major part of them, in such town, are hereby authorized, upon application of the selectmen, if they judge proper, by warrant under their hand, directed to either of the constables of said town, to order said person to be conveyed to the State from whence he or she came," &c. 7. Authorizes the selectmen to warn "any such person, not an inhabitant of this State, to depart," under penalty for remaining. Not applicable to apprentices and servants for time. Rev. of 1838. By R. S. of 1849 and 1854, under Tit. 42, c. 1, settlement in a town is made dependent on the consent of the town authorities, and inhabitants of any State, &c., of the United States, coming to reside, and not having obtained a settlement, may be thus removed. The terms of the act are not limited to paupers.

in the cases therein mentioned. Sec. 1. The claimant may have writ of habeas corpus issued for the fugitive from labor, returnable before judges authorized to issue the writ. 2. Preliminary proof required by affidavit. 3. Judge to hear and commit. (Provisions modified by laws of 1839, c. 26.) 4. The facts may be tried by a jury at request of either party. 5, 6. If alleged fugitive be acquitted, he shall recover damages; if verdict for claimant, he shall be delivered, with a certificate. 7. Fees. 8. Forbids issuing the writ by justices of the peace, &c. 9. Penalty for any person removing another as fugitive otherwise than as here provided; and persons so seized may have habeas corpus; provided "that nothing herein shall be construed to extend to any proceedings before any court or magistrate of the United States, or any person acting by the authority of such court or magistrate." Rev. of 1838, p. 571.

1844, c. 27. An act to repeal the above. Sec. 1. Recites, "Whereas, it has been decided by the Supreme Court of the United States, since the passing" of this act, "that both the duty and the power of legislation on that subject pertains exclusively to the national government, therefore "—repeals the above. 2. Prohibits judges, justices of the peace, and other officers appointed under the authority of the State, from issuing or serving any process for arrest of person as fugitive from labor, or giving certificate, and that if issued it shall be void; provided "that nothing in this act contained shall be construed to impair any right which by the Constitution of the United States may pertain to any person to whom labor or service may be due, by the laws of any other State, from any fugitive escaping into this State, or to prevent the exercise in this State of any powers which may have been conferred by Congress on any judge or other officer of the United States in relation thereto."

This last section is sec. 5 of An act to prevent slavery, passed 1848, being Title 51 of Rev. of 1849, of which sec. 1 is, “That no person shall hereafter be held in slavery in this State." 2, 3, 4. Forbid the introduction of any Indian, negro, or mulatto slave," "to be disposed of, left, or sold within the same."

991

' For the construction of this, see Jackson v. Bullock, 12 Conn. 38.

1854,' c. 65. An act for the defence of liberty in this State. Sec. 1. Declares punishment by fine and imprisonment for falsely and maliciously representing a free person to be a slave. 2. The truth of the allegation of slavery must be proved by two credible witnesses testifying to facts. 3. Penalty by fine and imprisonment for maliciously seizing a free person with intent to enslave. 4. Depositions not receivable on such trials. 5. Penalty of fine and imprisonment for false testimony that a person is, or was, a slave or owed service or labor. 6. Penalty for obstructing the apprehension of any person under this act. 7. Representation of debt of service as apprentice not herein intended. Compiled St. of 1854, p. 798.1

$550. LEGISLATION OF THE STATE OF RHODE ISLAND.

1778. Acts sanctioning and limiting the enlistment of slaves in the continental battalions, are mentioned in Bartlett's Index to Laws of Rh. I. pp. 243, 327, 337. "They were declared free on enlisting, and many actually served with fidelity during the war." E. R. Potter's Report."

1779, Oct. An act preventing slaves being sold out of the State without their consent is mentioned in Bartlett's Index, p. 329, and in Potter's Report.

1784, Feb. An act repealing the clause in the act of June, 1774, respecting the importation of slaves, is also mentioned. Bartlett's Index, p. 332. Mr. Potter mentions a law of this date as An act authorizing the manumission of negroes, mulattoes, and others, and for the gradual abolition of slavery, of which the preamble is, "Whereas all men are entitled to life, liberty, and the pursuit of happiness, and the holding of mankind in a state of slavery as private property, which has gradually obtained by unrestrained custom and the permission of

'An act concerning the arrest and surrender of fugitives from justice, Sess. L. of 1852, c. 51. Sec. 3. Authorizes the governor to arrest and deliver persons claimed. 4. Provides for transportation through this State of offenders taken in some other State and on their way to the State where the offence is charged. Compiled St. of 1854, p. 360.

The clause punishing kidnapping, Compiled St. p. 308, provides "That it shall not operate to prevent persons coming into this State for the purpose of temporary residence, or passing through the same, from carrying their servants with them,"

&c.

See vol. I. p. 275, n.

the laws, is repugnant to this principle and subversive of the happiness of mankind, the great end of," &c. "It declares all children of slaves born after March 1st, 1784, to be free, and makes regulations for their support. At the same session," says Mr. Potter, "they prohibited the importation or sale of negroes in the State."

1785, Oct. An act repealing part of the act for the manumission of slaves, also mentioned in Bartlett's Ind., p. 333; and in Potter's Report.

1787, Sep. An act to prevent the slave trade and to encourage the abolition of slavery, mentioned, Bart. Ind., p. 333, and Potter's Rep. Mr. Potter says, "This act refers to the fact of the slave trade having been lately carried on from this State, and censures it in strong terms, as contrary to the principles of justice, humanity, and sound policy. It imposes a penalty on every citizen who as master, agent, or owner shall buy, sell, or receive on board his ship for sale any slave," &c.

1798.—In a Revision, p. 79, is An act declaratory of certain rights of the people of this State. There is no attribution of liberty, &c., to all men as natural and inalienable rights. (Rev. of 1822, p. 66.)

In the same Revision, p. 607, is An act relative to slaves and to their manumission and support (given as digested from laws of 1766, 1774, 1779, 1784, 1785, 1798). Sec. 1. No slaves to be brought into the State. Proviso, that this "shall not extend to the domestic slaves or servants of citizens of other States or of foreigners traveling through the State or coming to reside therein, nor to servants or slaves escaping from service or servitude in other States or foreign countries and coming of their own accord into this State." 2. Penalty for bringing in slaves. 3. For concealing or assisting to escape. 4. For forcibly carrying off slaves without their consent. 5. Slave in such case emancipated. 6. Proof of slave's consent by certificate of justice. 7. Courts may allow unfaithful slaves to be transported to any part of the United States. Penalty for transporting; proviso, as to persons traveling and escaped slaves. 8. "That no person born within this State, after the first day of March, 1784, shall be deemed or considered a serv

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