Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-28
DOMESTIC.
ffnm Mr February No. III The Li,srary iicsSrnesr.J
SLANERY AND THE CDNSTIrI fTIGN

irom thr February No. ofthe Literary .iicssfpgsrJ
sLaf ERY AND THE CONSTITUTION.
~ Ie rfo te following Article had in view several objects
M-hf" !" he instrumental in disseminating tn
North a. TO The rights the South aud in making known liz
pr"icrcd Southern rights while a, the same time il was part
~. design To pr.snt lesa! view question
gt"a ana The Executive e N York. lie thought il desirable
therefore, that the matter should be published TO the North well
'S'lt ana That the frs, publication, in either section
country should be journal not of pol'tcaI character In
WIN this vIew the manuscript time
~ hr AMERICAN Jur'st, valuable legal periodical published
,L ,e manuscript ~ came 10 arranged for two
question above aderted examined deep of the
hncs that question: knowledge of peculiar
WIN men + regarded M the moment and
a whatever will throw light upon particularly accepa
nmave induced US with the authors assent,
numbers IN one, ana give the whole 10 together
ne article written in calm candid manner and reflects
mue credit upon the industry and Judgment of its author He
ed by any array Of facts powerful appeal to The Sta, with
S ,s, s e ae Il as T Mns e1,v We
thai It's author Cosmsr and
TfoS OF tue UNITED STATES.
The great importance Of this subject, and the m
creased and increasing interest with which IS viewed
in every part of our country, justify the belief that an
examination Of the provisions of the Constitution on
which the owners of slave property were induced 10
rely when the FEDERAL compact formed, sketch oil
the laws which Congress has passed to carry out hose
constitutional PROVISIONS and review OF inc juneau
decisions which have been made under the Constitution
and laws NAV prove acceptable TO the readers OF this
Journal and not be without utility at the present Time
As matter which is Introductory and somewhat cxpla-
natory we shall commence by giving an outline OF Tue
laws rs to slavery, which, at the lime the federal
Constitution adopted, and subsequently, thereto
have prevailed in the three most important Northern
States We mean .lt,c York, Pennsylvania and Mas.
SaehuseuS -
/ Lanes as 10 Sarery in the Northern SatrS.-The
law as 10 slavery in Massachusetts,, is stated by Chief
Justice Parsons in which came before The su-
promo court of that State.
"Slaverv" he SAYS "was introduced into this coun-
try soon after its first settlement and was tolerated nm
I'll the ratification Of the present Constitution Inc
slave was the property of his master, subject TO MS or
,ers and 10 reasonable correction for m'sbchavorwas
transferable like chattc by gift salc and was as
sets in the hands OF his executor or administrator. II
the master was guilty Of cruel unreasonable casi-
cation of his slave, he liable TO be punished Tor
the breach of the peace and believe, the slave was
allowed TO demand suretcs Of the peace against rio-
lent and barbarous master, which generally caused
sale to another master And the issue OF the female
slave accordngt TO the maxim of the civil law, was the
property of her master Under these regulations, the
treatment of slaves was in general mild and humane,
and they suffered hardShps not greater than hredse
wants Slaves were sometimes permitted to ENJOY Some
privileges as pccujwm, with the Profits OF which they
were enabled purchase their manulnssion anc oGT-
~ was frequently granted 10 faithful slave, by the
bounty of the master sometimes in his life, but more
commonly by his last will.
.sIn the first action involving the right OF the mas
ter which came before the supreme judicial court altef
the establishment Of the Constitution, the judges de'
cared that bv virtue Of the first article of the decara.
ton of rights, slavery IN thus State was no more anu
afterwards in an action by the inhabitants of LHeton,
bfought to recover the expenses OF maintaining ne
pro against Tuc, his former rcpuscd MASTER tried m
Utddeser October term 1876, the Chiet Justice, IN
charging the Jury stated as the unanimous OPINION oil
the court that negro born in the State before the pre-
sent Constitution, was born iree although porn e
male slave"
The opinion so given by the court in 1896, is stated
By Chief Justice Persons to have been opposed to tEe
practice and usage that day. but It has constituted
rule Of decision ever since The issue OF slaves, al!
though born before the adoption OF the afe
held TO have been born ireef
In Nr,r York il was declared BY one OF the colonia
statutes that all due encouragement oughtto oe given
to the direct importation Of slaves After the Revou
ton. the Government of that State determined upon
different policy. ~
any n,rson shall sell as slave within this State, any
moro or other person, who has been imported o.
broncht into this State after the st of June, 1884, such
seller, his factor agent shall be guilty OF pnol'e
offence and SHALL forfeit eOO, and the person so IN
ported and sold shall be free
The act was hostile to the importation and to the ex
nor,aton of slaves article Of trade not to the exist
ence of slavery ITSELF for it took care to reenact ane
establish the maxim of the evil law, that the chdre'
of every female slave should follow the state ana con
diton OF the mother.
T. mas not considered to prevent sheriff from tax
ng ar selling slave under execution against thf
owner and the slave subject TO the control ant
dispositon of the executor or administrator OF De
ceased owner i'll the same manner as other persona
propertv The prohibition was against Voluhtaf,
,c bv the master Of slave, imported or brought int
the Stately -,
The statute imposed penalty for harboring slaves
ar servants and il was held moreover that this wa
cumulative, and did not destroy the common law re
medv which master had by an action TO recover ca
ma res for scducing and harborIng his servantN
The master mirht contine his slave IN jail, and I'M
!. ,,nears was done in a case decided Us late as lc3
Bv the act for the gradual abolition of slavery al
children born Of slaves subsequent to the Atm OF July
799 were declared to be free, but TO continue Servants
10 the owners of their understands TIL the age
twenty.eght and females till the age OF twenty-five
The act OF 1917 made it the duty of the masters OF sucl
servants TO give them certain education before arriving
AT the age of eighccn and in default OF SO doing &c
cared the servants free at the age OF eighteen and
order that might be known when the age was attain
cd which discharged them from further servude, lh
person entitled to such service was required whn on
wear after the passage Of the act, or alter the orh
The child Of a slave make an affidavit stating th
| ,ge ne such servant; and in default OF making ant
6Iinu such affidavit, within the time specified, the &C
declared the person so held to service Tree al cgh
teen
Even alter TINS act, all lnen awe, VIM WY '
tho state prior TO the 4,h Of July, 1899, of female
who were slaves at the time of the birth, continue
slaves except such had been emanc 'pated oy 'he'
owners. 80 $50
At last, by act of the Bis. Of March, si7' PROV,
sion was made for the humiliation OF slavery IN ti
State of Hs,o YORK; in about ten years thereafter oy
section which declared that every negro, mulatto Q
mustec, within the State, born before the atm OF July
1899 should from and after the 4th day OF Juy' le@'
| be free II a.
The act Of the legislature of Pennsylvania, for tn
gradual abolition of slavery passed on the ls oil March
17sO By this act every person, who at the time
owner omitted to register him on or before te ISL ia
of November ensuing. Children horn after the pass
ing of the act were born Free subject however to ,e
porury servtude till the age Of twenty eight: ana IN
issue of such children could not be held to any SET
vitude.t. 81 nor
sons formed society in Philadelphia, tor The puiPoS
of relieving those who were held in illegal slavery
Maryland Of an % ,.e4 T .o pha ms
in the autumn of 1874, and his complexion beng l'sh
the attention of this society was excited and writ