LAWS OF NEW YORK. 281 out of the city and county of Albany, to the French at Canada.— Bradford's L. p. 60. 1706. An act to encourage the baptizing of negro, Indian, and mulatto slaves. Bradf. L. p. 65. "Whereas divers of her majesty's good subjects, inhabitants of this colony, now are, and have been willing that such negroe, Indian, and mulatto slaves, who belong to them, and desire the same, should be baptized, but are deterred and hindered therefrom by reason of a groundless opinion that hath spread itself in this colony, that by the baptizing of such negro, Indian, or mulatto slave, they would become free, and ought to be set at liberty. In order therefore to put an end to all such doubts and scruples as have, or hereafter at any time may arise about the same-Be it enacted, &c., that the baptizing of a negro, Indian, or mulatto slave shall not be any cause or reason for the setting them or any of them at liberty. “And be it, &c., that all and every negro, Indian, mulatto and mestee bastard child and children, who is, are, and shall be born of any negro, Indian, or mestee, shall follow the state and condition of the mother and be esteemed, reputed, taken and adjudged a slave and slaves to all intents and purposes what soever. "Provided always, and be it, &c. That no slave whatsoever in this colony, shall at any time be admitted as a witness for or against any freeman in any case, matter or cause, civil or criminal, whatsoever." 1708.-An act for preventing the conspiracy of slaves. Bradf. L. p. 68. 1712.-An act for preventing, suppressing and punishing the conspiracy and insurrection of negroes and other slaves. Bradf. L. p. 81. In addition to the provisions of act of 1702, are more stringent enactments against concealing slaves-their entertainment by free negroes. Enacts that no negro, Indian or mulatto that shall hereafter be made free, "shall hold any land or real estate, but the same shall escheat." Provisions for security on emancipation, for trial of slaves for crimes by two 282 LAWS OF NEW JERSEY. justices and five freeholders: but may have a jury at the charge of the owner, &c. 1715.-An act declaring, &c., and for naturalizing all Protestants of foreign birth, now inhabiting within this colony. Bradf. L., p. 124. Refers to the letters patent to the Duke of York, permitting the introduction of foreigners as colonists; also to the articles of the surrender of the province, relating to the allegiance and rights of the inhabitants, and recites the act of 1683 above-mentioned declares all persons of foreign birth, being Protestants inhabiting the colony, to be natural subjects and entitled to the privileges of such, makes no exclusion of any. 1716.—An act for explaining and rendering more effec‐ tual an act, &c., (the act of 1712 above-mentioned.) Bradf. L., p. 135. 1730.—An act for the more effectual preventing and punishing the conspiracy and insurrection of negroes and other slaves; for the better regulating of them, and for repealing the acts therein mentioned relating thereto. Livingston & Smith's Laws, vol. I., p. 193. 1740.-An excise act, Liv. & S., vol. I., p. 281. The first twelve sections relate principally to slaves whose importation is encouraged by the terms of sec. 9. 1753. c. 27.-A similar act. 2 L. & S., p. 21. 1773.—An act to prevent aged and decrepid slaves from becoming burdensome within this colony. Ed. fo. 1774, p. 764, Rev. c. 1508. 1775.-May 22, a Provincial Congress assembles. § 225. LEGISLATION OF NEW JERSEY. 1664.—After the acquisition of New York and New Jersey by the English, the earliest local government in the latter colony was founded on the grant of political powers to the Duke of York as proprietor, 1664, by him conveyed in the same year to In 1741-22, a so-called "negro plot" or conspiracy was supposed to have been formed by the slaves in the city of New York; an account of the trial and execution of several negroes accused, was published by Horsmanden. LAWS OF NEW JERSEY. 283 Berkley and Carteret, and by other public acts confirmed to them and their grantees. See Leaming & Spicer's Coll., 8, 141, 145. In the first Proprietary Articles of Concession, &c., servants, slaves, and Christian servants are spoken of. L. & S., p. 12, and in laws passed in 1668, L. & S., 82. 1675.-An act provided punishments for transporting, harboring, or entertaining apprentices, servants and slaves. L. & S., 109. 1676. The divisions of East and West Jersey established by the proprietors, each having a several government and legislative assembly. The laws of East Jersey in 1682, which contain a guarantee of personal liberties in the terms of Magna Charta, L. & S., 240, also contain laws against entertaining fugitive servants and trading with negro slaves. L. & S., 238, 255. 1694, c. 2.—An act concerning slaves, contains the common police regulations in respect to them. L. & S., 340. 1695, c. 3, An act concerning negroes, provides for trial of “ negroes and other slaves, for felonies punishable with death, by a jury of twelve persons before three justices of the peace; for theft, before two justices; the punishment by whipping." L. & S. 356. In the legislation of West Jersey, slaves are not named. A law of 1676, c. 23, providing for publicity in judicial proceedings, concludes "that all and every person and persons inhabiting the said province, shall, as far as in us lies, be free from oppression and slavery." L. & S., 398. L. & S., 398. Servants and runaway servants are mentioned, p. 306, 477; selling rum to negroes and Indians is forbidden, p. 512. L. & S., 1702. Surrender by the proprietors of East and West Jersey to the Queen, of their rights of government. 609, 617. The province being then placed with New York under the government of Lord Cornbury. See ante, p. 280, note. 1704.--An act for regulating negroe, Indian and mulatto slaves within the province of New Jersey. Tabled as disallowed in a list of such laws. 1 Neville's Laws, 465. 1 See limitations of legislative power in the grant; ante, p. 278, n. 2. 284 LAWS OF NEW JERSEY. 1713.-An act for regulating slaves. (1 Nev. L., c. 10.) Sect. 1. Against trading with slaves. 2. For arrest of slaves being without pass. 3. Negro belonging to another province, not having license, to be whipped and committed to jail. 4. Punishment of slaves for crimes to be by three or more justices of the peace, with five of the principal freeholders, without a grand jury; seven agreeing, shall give judgment. 5. Method in such cases more particularly described. Provides that "the evidence of Indian, negro, or mulatto slaves shall be admitted and allowed on trials of such slaves, on all causes criminal." 6. Owner may demand a jury. 7, 8. Compensation to owners for death of slave. 9. A slave for attempting to ravish any white woman, or presuming "to assault or strike any free man or woman professing Christianity," any two justices have discretionary powers to inflict corporal punishment, not extending to life or limb. 10. Slaves, for stealing, to be whipped. 11. Penalties on justices, &c., neglecting duty. 12. Punishment for concealing, harboring, or entertaining slaves of others. 13. Provides that no negro, Indian, or mulatto that shall thereafter be made free, shall hold any real estate in his own right, in fee simple or fee tail. 14. "And whereas it is found by experience that free negroes are an idle, slothful people, and prove very often a charge to the place where they are," enacts that owners manumitting, shall give security, &c. An act for laying a duty on negro, Indian, and mulatto slaves imported or brought within this province. Allinson's Laws, c. 50, laid a duty of ten pounds on every slave limited to seven years. An act for regulating of white servants and taking up soldiers and seamen deserting, &c. Neville's L. c. 11. By sec. 7, persons from neighboring provinces suspected, &c., must produce a pass, from a Justice, "signifying that they are free persons," otherwise to be committed to gaol, to be "delivered by order of their captain, master, mistress, or other due course of law." 1730. An act imposing a duty on persons convicted of heinous crimes and to prevent poor and impotent persons being LAWS OF NEW JERSEY. 285 imported into this province, and for the amendment of the law relating to servants. Nev. L. c. 57. 1751. An act to restrain tavern-keepers and others from selling strong liquors to servants, negroes and mulatto slaves, and to prevent negroes and mulatto slaves from meeting in large companies, from running about at night, and from hunting or carrying a gun on the Lord's day. Nev. L. c. 112. 1754. Nev. L. c. 119, § 10, provides for the Borough of Elizabeth any white servant or servants, slave or slaves, which shall be brought before the Mayor, &c., by their masters or other inhabitant of the Borough, for any misdemeanor or rude or disorderly behavior, may be committed to the workhouse to hard labor and receive correction not exceeding thirty lashes." 1760 An act for enlisting soldiers, &c., Nev. L. c. 141, sec. 6, provides against enlistment of any "young man under the age of twenty-one years, or any slaves who are so for terms of life, or apprentices," without leave of their masters, &c. 1768. An act to regulate the trial of slaves for murder and other crimes and to repeal so much of an act, &c. Allinson, L. c. 475. Sec. 1, 2, provides for trial of slaves by the ordinary higher criminal courts. 3. That the expenses of the execution, &c., shall be levied on order of the justices from the owners of all able-bodied slaves in the county. 4. Repeals sec. 4, 5, 6, 7, of the act of 1713. 1769. An act laying a duty on the purchasers of slaves imported into this colony.' Allinson's L. c. 494. Recites"Whereas duties on the importation of negroes in several of the neighboring colonies hath, on experience, been found beneficial in the introduction of sober industrious foreigners, to settle under his Majesty's allegiance, and the promoting a spirit of industry among the inhabitants in general, in order therefore to promote the same good designs in this government and that such as purchase slaves may contribute some equitable proportion of the public burdens :" provides for a duty, and also for further securities on the manumission of slaves. 1 See reference to these acts as indicating the legality of slavery, in State v. Post, State v. Van Buren, 1 Zabriskie's R. 368, 378. |