same principles which had maintained it in the colonies planted by the English and French.' 1822. Among the enactments of the governor and legislative council is An act for the punishment of slaves for violations of the penal laws of this Territory. Sec. 1. That for capital offences, slaves shall be tried and punished as whites. 2. Capital offences declared. 3. For other offences, slaves to be tried before a justice of the peace; punishment by whipping, not to exceed sixty lashes. Other provisions included are—4. Outlying runaways to be pursued. 5-8. Against dealing with slaves; against going at large or hiring themselves. 9, 10. Stealing free persons and slave-stealing punished with death. 11, 12. Masters of vessels not to carry out slaves. 13, 14. Makes emancipation lawful under certain conditions. 15. Emancipated negroes traveling about may be committed. 1619. Provisions relating to title in slaves. 1825.-An act to govern patrols. Acts in force in 1828, p. 34; Duval's Compil. p. 62. Contains the ordinary provisions. Additional provisions in Laws of 1832, p. 36. (A new act in 1833; repealed, 1834; revived, 1836.) 1826, Dec.-An act to prevent the future migration of free negroes and mulattoes to this Territory. Ann. L. p. 81. Enacts that, if such shall not leave the State, they shall be sold for a year at a time. Negroes employed on ships and vessels. are excepted. A new law in 1832. 1827, Jan. 10.-An act to regulate our citizens trading with Indians. Ib. p. 80. Sec. 3. Carrying away slaves declared punJan. 10. An act to prevent trading ishable with death. with negroes. Ib. 148. Sec. Jan. 21. 8. Limits the franchise to whites. Ib. p. 89. An act regulating slaves, and prescribing their punishment in certain cases, contains the most ordinary provisions of slave Codes. Ib. p. 141. 1828, Nov. 14.-A crimes act. Ann. L. p. 48. Sec. 10. Declares death penalty for exciting insurrection among slaves See, in 6 Hall's Law Journal, 285, some extracts from laws of the Spanish Indies relating to slaves; and, ib. 463, a translation of the royal edict or cedula of May 31, 1787, for the good government and protection of slaves in the Spanish colonies, which is the principal enactment on the subject. (Thompson's Dig. 490). 16. Killing slave in the act of revolt declared justifiable homicide (ib. 491). 108-110. On trading with slaves (ib. 508). 114. Forbids employing slaves in laboring on Sunday (ib. 499), or buying of slaves on that day (ib. 509). A new act in 1832. An act regulating conveyances. Ib. p. 156. Sec. 6. Declares "slaves shall be deemed, held, and taken as personal property for every purpose whatever" (Thompson's Dig. 183). An act relating to crimes and misdemeanors committed by slaves, free negroes, and mulattoes. Ib. 174. Sec. 1. "All persons lawfully held to service for life, and the descendants of the females of them within this Territory, and such persons and their descendants as may hereafter be brought into this Territory pursuant to law, being held to service for life, or a given time, by the laws of the State or Territory from whence they were removed, and no other person or persons whatsoever, shall henceforth be deemed slaves." 2-6. Regulate the importation of slaves, forbidding the introduction of those elsewhere convicted of crime. The remaining sections, 7-64, are re-enactments of the older laws, with other provisions similar to those of Georgia. Thompson's Digest of 1847, p. 531. 1829, Nov. 6.—An act providing for the adoption of the common and statute laws of England, and for repealing certain laws and ordinances. Sec. 1. Adopts the common law and statute laws of England, which are of a general nature, prior to the 4th July, 1776, so far as not inconsistent with the laws and Constitution of the United States and the laws of the Territory (Thompson's Dig. 21). 2. Repeals all laws and ordinances in force in this Territory previous to July 22, 1822." -, Nov. 17. Amending law of 1828, on trading with and stealing slaves. An. L. p. 133. Nov. 31. An act to prevent the manumission of slaves in certain cases. Ib. p. 134. Slaves not to be manumitted, under penalty, until security is given for their transportation beyond the Territory. Thompson's Dig. 533. From an act of 1824, Dec. 23, securing the rights of husband and wife, as determined by the law of Spain, it appears that doubts had arisen as to the effect and operation of the common law of England, as introduced when Florida was in the possession of Great Britain. See acts in force in 1828, p. 23. 1832, Jan. 23.—An act concerning marriages, &c. Declares it unlawful for any white to intermarry or live in a state of adultery or fornication with any negro, mulatto, quadroon, or other colored person. Thompson's Dig. 511. An act to provide for the collection of judgments against free negroes, &c. Ann. L. p. 32. Enacts that they shall be sold as servants for time. Repealed Jan. 21, 1834, Ann. L. p. 35, but revived by act of Feb. 4, 1835. Thompson's Dig. 545. A new crimes act. Ann. L. p. 63. Sec. 1. Adopts the common law of England, except as to the "modes and degree of punishment" (Thompson's Dig. 489); contains the former penal enactments as to slaves and free negroes. (Additional on trading, Laws of 1833, p. 34.) Thompson's Dig. 507-511. An act to prevent the future migration of free negroes into, &c. Ann. L. p. 143. Forbids such immigration; requires bonds from masters of vessels having negroes on board, and provides for the sheriffs taking into custody such on coming. Thompson's Dig. 534. (This was declared again in 1855, c. 718 of State Laws.) A similar law as to Key West in 1846, c. 104. Thompson's Digest, 536. 1836.-An act respecting the hostile negroes and mulattoes in the Seminole nation. Ann. Laws, p. 13. Provides for the sale of such, when captured, as prizes, &c., and for the outlawry of whites and blacks found in arms with the Indians.Repealed by act, Jan. 14, 1837. (For the foregoing laws see Duval's Compilation, ed. 1840.) 1840, c. 20. Amending the slave Code, prohibits the use of fire-arms by negroes, &c., unless armed by the master for defence against Indians, &c. Thompson's Dig. 509. 1842, c. 32. A new and more stringent act to prevent the immigration of free negroes, &c. Requires resident free negroes to have a guardian; imposes a capitation tax, with liability to be sold for time on non-payment. Free negroes coming since 1832 to be sent away, and, if they return, to be sold for ninety-nine years. If masters of vessels allow negroes from 1 Feb. 9, 1835. tives from justice. VOL. II.-13 An act, No. 34, authorizing the Governor to deliver up fugi- them to go on shore, the negroes shall be imprisoned, and the vessel bound for the fees. 1843, c. 53. An act repealing the last above, and reviving the former acts. c. 12. Forbidding, under penalty, the sale of poisonous drugs to negroes, &c. Thompson's Dig. 510. 1845. Constitution of the State.' Art. I. sec. 1. Declares that "all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights," &c. By Art. VI. sec. 1, the elective franchise is given to whites only. 1846-7, c. 75, and 1848-9, c. 257. On trading with slaves. c. 87. A new patrol law. Thompson's Dig. 173. 1847-8, c. 155. An act requiring free negroes to have a guardian appointed by the judge of probate. Amending are 1856, c. 794, and c. 795, which forbid trading with such, without guardian's consent. -, c. 139. Amending the criminal Code, declares punishment of negro by whipping, and, if free, to pay expenses of prosecution or be sold. 1848-9, c. 256. An act for the protection of slaves, in two sections. Sec. 1. Makes owners liable to fine, not less than fifty nor more than five hundred dollars, on conviction of neglecting to "feed, clothe, and provide" for their slaves. 2. Makes them liable to a fine, not less than one hundred nor more than one thousand dollars, for failing to furnish their slaves "with sufficient food or raiment." 1850, c. 386, c. 387, c. 388; 1855, c. 620, c. 621, are amending acts on trading with slaves, kidnapping slaves, and enticing away slaves, and requiring some white person to be always on each plantation. 1856, c. 790. Against slaves hiring their time. 'Act of Congress for the admission of the States of Iowa and Florida into the Union, March 3, 1845; ante, p. 177, n. The State Constitution was framed by a convention assembled under an act of the territorial Legislature. It was declared, in the Preamble, to be "in the name of the people of Florida, having and claiming the right of admission into the Union as one of the United States of America, consistent with the principles of the Federal Constitution, and by virtue of the treaty of amity, settlement, and limits between the United States of America and the King of Spain, ceding the provinces of East and West Florida to the United States." It provided, in art. 16, sec. 1, 2, "The General Assembly shall have no power to pass laws for the emancipation of slaves, or to prohibit the introduction of slaves by immigrant owners. Sec. 6. The Legislature shall "declare by law what parts of the common law and what parts of the civil law, not inconsistent with this Constitution, shall be in force in this State." 1854-5, c. 654. An act to prevent white persons from gaming with negroes or other persons of color. c. 635. C. An act to prevent the abduction and escape of slaves from this State. Relates to vessels leaving St. John's River. 646. An act explanatory of the several acts in relation to the migration of negroes and free persons of color into Key West. Vessels coming in distress, with negroes on board, they shall not be arrested if they stay on board, but the masters of the vessels liable for costs and fines. 1856, c. 690. An act to prevent slaves from hiring their own time. 1858-9, c. 860. An act to permit free persons of African descent to select their own masters and become slaves. Permits such selection by negroes over fourteen years. Women, or "females," as they are called in the act, may select for their children under fourteen. Idle and dissolute negroes may be sold.' 575. LEGISLATION OF THE STATE OF TEXAS. In the territory within the present State of Texas, the personal conditions recognized elsewhere in parts of the continent under the dominion of Spain continued to exist while the country was included in the Mexican Republic, until slavery was abolished, by a decree of the Dictator, Guerrero, July 29, 1829. The Constitution of Coahuila and Texas, of 1827, article 13, had declared that, from its promulgation, no one should be born a slave in that State, and that after six months the introduction of slaves should not be permitted.' 1 Yoakum's 'Clark v. Gautier (1859), 8 Florida, 360:-The writ of habeas corpus is not the proper method of trying the right of a negro to freedom. The doctrine of the court is, that the person claiming him cannot be deprived of his property without jury trial. The court refer to the Opinions in Dred Scott's case, "to show that whatever rights the negro or his descendants, if free, may have, are accorded to him, not by right, but by permission and grant of the State in which he is. People from other parts of the globe, through the comity of nations, have a recognized position, by the common voice of the civilized world, which Africans have not. Condemned to servitude, subjected indeed to the dominion of other people from time immemorial, they have been, as they yet continue to be, chattels, subjects of trade and commerce," &c. A convention, in the name of the State, passed, Jan. 11, 1861, An ordinance of secession, similar to that of Alabama and other southern States already mentioned * Robbins v. Walters, 2 Texas, 135. |