2. Slaves or servants not to be removed out of the State without their consent, testified by two justices, under penalty. 3. Persons having children liable to serve until twenty-eight years. must make entry. 5. Vessels employed in the slave trade declared liable to forfeiture. Penalty for building, &c., for that trade. 6. Parents and children, husbands and wives, being slaves or servants for years, not to be separated more than ten miles. Penalty for forcibly carrying away a servant or slave.' (This sec. repealed by act of 1826.)

1790. A new Constitution, art. III. sec. 1. "In elections by the citizens, every freeman of the age," &c., shall enjoy the right of an elector. Art. IX. is a Bill of Rights, in the same terms as in the first Constitution.

1820. An act to prevent kidnapping. Bioren's laws, c. 4858. Sec. 1. Declares that the offence of taking away or seducing, &c., to places out of this Commonwealth, &c., "any negro or mulatto," with intent to keep, &c., such person "as a slave, or servant for years," shall be a felony punishable by fine and imprisonment. 2. Declares the offence of selling such with intent, &c. 3. "That no alderman or justice of the peace of this Commonwealth shall have jurisdiction or take cognizance of the case of any fugitive from labor from any of the United States or Territories, under a certain act of Congress," &c. (referring to the act of 1793), "nor shall any alderman or justice of the peace of this Commonwealth issue or grant any certificate or warrant of removal of any such fugitive from labor as aforesaid upon the application, affidavit, or testimony of any person or persons whatsoever, under the said act of Congress or under

who had been brought into the State in 1784, after the act for the gradual abolition of slavery. This case is important as explaining the legal basis of slavery in Pennsylvania. A poor-law act of 1803, Bioren's L. c. 2357, contains provisions as to the settlement of slaves and servants. An act of 1821, Bioren's ed. c. 5071, that a person bringing in an indentured black or colored servant above twentyeight years shall be liable for the maintenance. Similar is sec, 26 of a poor-law of 1836. Dunlop's Dig. c. 444.

Respublica v. Richards (1795), 2 Dallas, 224, the defendant was indicted for forcibly removing a negro brought from Virginia by his owner. The court held that the enactment did not apply to persons in that position. A fortiori, it would not include fugitive slaves. But it is to be noticed that this case was decided in view of the local law alone (act of 1780, § 10), which then recognized the right of the master.

any other law, authority, or act of the Congress of the United States." Any alderman or justice so acting, declared guilty of a misdemeanor, punishable by fine. 4. That it shall be the duty of any judge or recorder of any court of record of the Commonwealth, when he grants or issues any certificate or warrant of removal of any negro or mulatto claimed to be a fugitive from labor, to the State or territory from which he or she fled-referring to the act of Congresshe shall make a record to be filed in the "office of the clerk of the General Quarter Sessions of the peace," &c.

1825-6, Sess. L. c. 50. An act to give effect to the provisions of the Constitution of the United States relative to fugitives from labor, for the protection of free people of color, and to prevent kidnapping. Sec. 1, 2, are re-enactments of sec. 1 and 2 of the foregoing. 3. Directing the mode of proceeding to recover persons claimed as fugitives, directs issuing of a warrant by any judge, justice of the peace or alderman, returnable before the judge, if issued by one; returnable, if issued by a justice of the peace or alderman, before "a judge of the court of Common Pleas or of the District Court, as the case may be, of your proper county, or recorder of a city." 4. Of the evidence necessary when application for a warrant is made by an agent. 5. Duty of the judge, &c., to make a record of the application and file the same. 6. The judge before whom the warrant is returnable, may, on being shown to his satisfaction that the person claimed is, &c., give a certificate, which shall be a warrant to remove him. Provided" that the oath of the owner or owners or other persons interested shall in no case be received in evidence." 7. Fugitive to be committed to jail, when party not prepared for trial. 8. Fees. 9. Forbids aldermen and justices of the peace to take jurisdiction of these cases under the law of Congress. 10. Requires the record to be filed as in the preceding act. 11. Declares sec. 11 of the act of 1780, and sec. 7 of the act of 1788, to be supplied and repealed by this act.2

The words of the writ prescribed by this statute.

This act, with those of 1780, 1788, are given in the special verdict in Prigg's case, 16 Peters, 543-556, where this statute was held to be unconstitutional.

1826-7, Sess. L. No. 196. An act to prevent certain abuses of the laws relative to fugitives from labor, recites that persons alleged to be slaves of persons in other States are sold here as slaves, &c., enacts that all sales hereafter made of any fugitives from service or labor, being at the time of sale in this State, shall be void, and that if any person under pretence of such sale shall seize or remove from the State any fugitive so sold, it shall be punishable by fine of $500.'

1838. An amended Constitution. Art. III. sec. 1, "In elections by the citizens every white freeman of the age," &c. (and no mention is made of any others), shall be entitled to vote.' Art. IX. is a Bill of Rights like the former.

1847, March 3. An act to prevent kidnapping, preserve the public peace, prohibit the exercise of certain powers heretofore exercised by judges, justices of the peace, aldermen, and jailors in this Commonwealth, and to repeal certain slave laws. Sec. 1. Declares the punishment of the offence of taking, &c., away from the State by fraud or violence, or enticing by fraud or false pretence, any negro, &c. 2. Re-enacts the act of 1826-7, also declaring such sale punishable by fine and imprisonment. 3. Forbids any alderman or justice of the peace to act under the law of 1793, and declares any so acting guilty of a misdemeanor, punishable by fine and removal. 4. That "if any person or persons claiming any negro or mulatto as fugitive from servitude or labor shall under any pretence of authority whatsoever, violently and tumultuously

1 In Kauffman v. Oliver (1849), 10 Barr, 516, error from the Common Pleas; held that an action at common law does not lie in this State for harboring runaway slaves or for aiding them to escape from their owners; that on the authority of Prigg's case the State law of 1826-7, so far as it applies to fugitive slaves, is inoperative, and the State judges should not act under the law of Congress, such action being contrary to the policy of the State as indicated by its legislation.

In Hobbs v. Fogg, 6 Watts, 553, on a negro's claim to vote in 1835, held that the term "freeman" is used in a political sense in this clause, and does not designate one who is free of condition merely; that a negro cannot be in Pennsylvania a freeman in this sense. Chief Justice Gibson delivering the opinion, credits the report of a decision in 1795, that negroes could not vote. He also seemed to think that their capacity in this respect might be affected by the Constitution of the United States, p. 560:-" Yet it is proper to say that sec. 2 of art. 4 of the Federal Constitution presents an obstacle to the political freedom of the negro which seems to be insuperable. It is to be remembered that citizenship as well as freedom is a constitutional qualification, and how it could be conferred so as to overbear the laws imposing countless disabilities on him in other States is a problem of difficult solution." See remark on this case post in Ch. xxiii.

seize upon and carry away to any place, or attempt to seize and carry away in a riotous, violent, tumultuous and unreasonable manner, and so as to disturb or endanger the public peace, any negro or mulatto within this Commonwealth, either with or without the intention of taking such negro or mulatto before any district or circuit judge, the person so offending against the peace of this Commonwealth shall be deemed guilty of a misdemeanor," punishable by fine and imprisonment. (Sec. 3, 4, appear in the revised code of 1860.) 5. "Nothing in this act shall be construed to take away what is hereby declared to be invested in the judges of this Commonwealth, the right, power, and authority at all times, on application made, to issue the writ of habeas corpus, and to inquire into the causes and legality of the arrest and imprisonment of any human being within this Commonwealth." 6. Forbidding the use of the prisons of the State for detention of fugitive slaves. (Rep. in 1852, Sess. L., p. 295.) 7. Repeals so much of the act of 1780 as authorizes the masters or owners of slaves to bring and retain such slaves within this Commonwealth, for the period of six months, in involuntary servitude, or for any period of time whatsoever,' and so much of said

1 Commonw. v. Taylor (1849–50), 3 Monthly Law Rep., 576, was an indictment under the 4th and 6th sections. The alleged slaves had been imprisoned on the charge of horse-stealing committed in Virginia, from which custody they were discharged by proper order. "It was in evidence that the defendants, on learning the decision of the court discharging the negroes, stationed themselves within the entrance to the prison for the purpose of capturing them as fugitive slaves, and, on their being turned into the passage by the jailer, at once seized upon their persons, detained them there for some time, during which a severe struggle ensued between Mr. Taylor and those assisting him and the alleged fugitives, aided by some negroes of Harrisburg. Finally the slaves were ironed, and about that time the whole party was directed to be locked up in prison on account of a supposed breach of the peace." In reference to the violation of the fourth sec. the Court charged that the right of the owner to seize his slave was given by the act of Congress of 1793; that as the State law could not take from him this right, there was no breach of the peace, or riot, on his part, in the transaction. The Court does not attempt to distinguish whether the seizure was made for the purpose of bringing before a court for the purpose of making a claim, or to remove the alleged slaves out of the State. In Commonw. v. Alberti (1847), 2 Parson's Select Cases, 495, an indictment for removing the child born of a fugitiveslave woman was sustained under this statute. From these cases it appears that it is at least necessary for the defendant to prove the slavery of the person removed.

'Pierce's case, in Common Pleas, Phila., Oct., 1848, 1 Western Legal Obs., 14, that since this act a slave brought into this State by his master, voluntarily, be

act as prevents a slave from giving testimony against any person whatsoever be, and the same is hereby repealed. (Brightly's Dig. of 1858, Negroes. Sec. 13-20.)

554. LEGISLATION OF THE STATE OF DELAWARE.

1776, Sept. 11. A Declaration of the Fundamental Rules of the Delaware State, formerly stiled The Government of the counties of Newcastle, Kent, and Sussex, upon Delaware. Sec. 1. "That all government of right originates from the people, is founded on compact only, and instituted solely for the good of the whole." 10. "That every member of society hath a right to be protected in the enjoyment of life, liberty, and property," &c. 12. "That every freeman, for every injury done him in his goods, lands, or person, by any other person, ought to have remedy," &c., "according to the law of the land." There is no declaration of the equality of all mankind, or of rights as being natural and inalienable. 1 Del. Laws, Ap. p. 79. -, Sept. 20. Constitution agreed on. Art. 24 continues in force all acts of Assembly not contrary to the resolutions of Congress, or of the late House of Assembly of the State. Art. 25 has a recognition of the common and statute law of England, if not repugnant to the Constitution and declaration of rights. Art. 4 limits the elective franchise to whites. Art. 26. "No person hereafter imported into this State from Africa ought to be held in slavery under any pretence whatever, and no negro, Indian, or mulatto slave ought to be brought into this State for sale, from any part of the world." Ibid.

1787.—An act to prevent the exportation of slaves and for other purposes. Del. Laws, p. 884. Recites that "sundry negroes and mulattoes, as well freemen as slaves, have been exported and sold into other States, contrary to the principles of

comes ipso facto free. And see Kauffman v. Oliver (1849), 10 Barr, 516, as to the existing law and policy of the State.

There appears to be no statute in Pennsylvania authorizing the governor to surrender fugitives from justice, unless it be in the Code of 1860, which I have

not seen.

1 State v. Turner, 5 Harrington, 501, exporting is carrying out with intention to sell.