| Date | Mar 14, 1832 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An act relating to Free Negroes and Slaves 1831 |
| Description/Full Text | An act relating to Free Negroes and Slaves Immigration of free negroes forbid Section 1, Be it enacted by the General Assembly of Mary- land, That after the passage of this act, no free negro or mulatto shall immigrate to, or settle in this state, and no free negro or free mulatto belonging to any other stale, district or territory shall come into this state, and therein remain Or sojourn longer than 10 days. for the space of ten successive days, whether such free ne- gro or mulatto intends settling in this state, or not, under the Penalty $50 per week penalty of fifty dollars for each and every week such per- son coming into, shall thereafter remain in this state; the one half to the informer, and the other half to the sheriff for the How recoverable use of the county, to be recovered on complaint and convic- tion before a justice of the peace of the county in which he shall be arrested: and any free negro or mulatto refusing or On neglect to pay. neglecting to pay said line or fines, shall be committed to the jail of the county, and shall be sold by the sheriff at public sale, for such time as may be necessary to cover the afore- said penalty, first giving ten days previous notice of such Committed and sale and the said sheriff after deducting prison charges and said for for time. a commission of ten per centum, shall pay over one half oi the nett proceeds to the informer, and the balance he shall Disposition of pay over to the levy court or commissioners, as the case proeeds. may be, for the use of the county. Sect. 2, And be it enacted, That no person in this state. Hiring or employ- shall hereafter hire, employ or harbor any free negro or mu- ing any forbid latto who shall immigrate or settle in this state, after the first day of June next, or any free negro or mulatto who shall come into this state, from any other state, district or terri- tory, and continue in this state for the space of ten succes- sive days as above, under the penalty of twenty dollars for Penalty of $20 for every day after the expiration of four days, any such free every day. negro or mulatto so immigrating and settling in this state, or so coming into, and so staying in this state shall be so em- ployed, hired or harbored, and all fines accrued under this act, may, before any justice of the peace of the county in which the offence is committed, be recovered by action of debt, each party to have the benefit of appeal to the county Appeal provided court, and one half thereof to be applied to the informer, and the other half to the use of the county; and if any negro or mulatto shall remove from this state, and remain without Negroes removing the limits thereof for a space longer than tinny consecutive and remaining out days, unless before leaving the state he deposits with the of the state 30 days clerk of the county in which he resides, a written statement regarded at of his object in doing so, and his intention of returning again, aliens. or unless he shall have been detained by sickness or coer- Exceptions. cion, of which he shall bring a certificate, he shall be re- garded as a resident of another state, and be subject, if ho return, to the penalties imposed by the foregoing provisions upon free negroes and mulattoes of another state, migrating to this: Provided, that nothing contained in this act shall pre- vent any free negro or mulatto from visiting Liberia and re- turning to the state whenever he may choose to do so. Sec. 3. And be, it enacted, That nothing in the two pre- Those engaged in ceding sections hereof, shall be construed to extend to any navigation wagon- free negro or mulatto that may be engaged in navigating any ners and travelling ship, vessel or boat under a white commander, or any wag- servants &c excep- oner or hired servant travelling with his master or employer, ted. or such as may lawfully come into this state, and be detain- ed by sickness or other casualty. Sec. 4. And be it enacted, That it shall not be lawful from Prohibition against and after the first day of June next, to import or bring into bringing slaves into this state. this State, by land or water, any negro, mulatto, or other slave, for sale, or to reside within this State; Provided, That nothing herein contained shall be construed to alter or an- nul any of the acts now in force, in relation to the rights of Exceptions, non-residents to remove to or from, or employ their slaves upon their islands in the Potomac river; and any person or Any Slave so brought is forfeited and entitled to freedom. persons offending,shall forfeit for every such offence, any ne- gro, mulatto, or other slave, brought into this State contrary to this act; and such negro, mulatto, or other slave, shall be On condition of leaving the state. entitled to freedom, upon condition that he consent to be sent to Liberia, or to leave the State forthwith; otherwise such negro, or mulatto, or other slave, shall be seized and Must be commit- ted &c. taken and confined in jail by the sheriff of the county, where the offence is committed; which sheriff shall receive ten dol- lars for every negro, mulatto, or other slave so brought into this State, and forfeited as aforesaid, and seized and taken by him, to be recovered in an action of debt, in his own name, before any justice of the peace, as small debts are re- covered from the person or persons so offending; moreover, Compensation to sheriffs. said sheriff shall receive five dollars for such negro, mulatto, or other slave, actually confined by him in jail, and the usual prison fees now allowed by law; and any person or persons Further penalty for the offence. so offending under this act, shall be punished by indictment in the county court of the county where the offence shall bo committed, and upon conviction thereof, the said court shall, by its order, direct said sheriff to sell any negro, mulatto, or other slaves so seized and taken by him under this act, Negro to be sold for five dollars. Conditionally to the colonization society, for said five dollars, and the prison fees of any negro, mulatto, or other slave, to be taken to Liberia; and if the said colonization society will not re- ceive such negroes, mulattoes, or other slaves, for said five dollars each, and the prison fees of each, upon refusing, said sheriff shall, after three weeks public notice, given by public advertisements, sell any such negro, mulatto, or other slave, to some person or persons, with a condition that any such negro, mulatto, or other slave, shall be removed and taken Or sold out of the stale. forthwith beyond the limits of this State, to settle and re- side; and said sheriff shall report any sale or sales made by Report of sales required. him to the county court of the county in which he reticles, and after deducting five dollars and prison fees for each and every negro, mulatto, or other slave, sold as aforesaid, which Disposition of pro- ceeds. shall be settled by an account current, to be settled in said court, said sheriff shall pay over the balance of said sales to the treasurer of the shore where he may reside; Provided, That this act shall not be so construed as to prevent any Exception in favor of border land holders &c. person or persons residing in this or any adjoining State, and who hold in their own right or in right of any other persons, lands in both States within ten miles of each other, from removing their slaves to and from said lands, solely for the cultivation and improvement of the same; And Provided also, The names, ages, and sex, of any slaves so removed, shall be recorded in the office of the clerk of the county court of such county in this State, into which the said negroes shall be so removed within thirty days after their removal. Sec. 5. And be it enacted, That it shall be the duty of all On information of justices of the peace in the county, upon information being a slave being in- given them, or any of them, that any negro, mulatto, or other Introduced. slaves, hath been brought into this State contrary to this act, to issue warrant for any person or persons so offending, in Warrant directed the name of the State of Maryland, and upon any person or persons being brought before him on said warrant, charge- able with the offence aforesaid, to cause any such person or persons to enter into recognizance for her, his, or their per- Recognisance sonal appearance before the judges of the county court to required. plead and answer to whatsoever may be there alleged in that behalf, with such penalty in said recognizance as said justice of the peace shall approve; and upon refusal to give such recognizance, such person or persons, so offending, shall be committed to the said jail of the county by said jus- Or committal tice of the peace, to be confined until the next meeting of the county court of the county in which said offence shall be committed. Sec. 6. And be it enacted, That no free negro or mulatto shall be suffered to keep or carry a firelock of any kind, Negroes forbid to any military weapon, or any powder or lead, without first have firelocks, &c. obtaining a license from the court of the county or corpo- ration in which he resides; which license shall be annually Without license, renewed, and be at any time withdrawn by an order of said court, or any judge thereof; and any free negro or mulatto License revokable. who shall disregard this provision, shall, on conviction thereof before a justice of the peace, for the first offence pay the cost of prosecution, and forfeit all such arms to the Penalty. use of the informer; and for the second or any subsequent offence shall, in addition to such costs and forfeiture, be punished with stripes, at the discretion of the justice, not Stripes. exceeding thirty-nine, or be subject to the penalties of fe- lony. Sec. 7. And be it enacted, That it shall not be lawful for Religious meet- any free negro or negroes, slave or slaves, to assemble or ings of negroes- attend any meetings for religious purposes, unless conducted forbid without. by a white licensed or ordained preacher or some respecta- ble white person or persons of the neighborhood, as may be Except atten- duly authorised by such licensed or ordained preacher, du- dance &c. itng the continuance of such meeting; and if any such meeting shall be held without being conducted as aforesaid, Such meetings deemed unlawful they shall be considered as unlawful and tumultuous meet- ings, and it shall be the duty of the nearest constable, or any other civil officer knowing of such meetings, either from his own knowledge or the information of others, to repair to such meeting, and disperse the said negroes or Duty of constables &c to disperse them. slaves, and if any such constable shall fail to comply with the provisions of this act, he shall be subject to a fine of Incur penalty for neglecting. not less than five nor more than twenty dollars, at the dis- cretion of a justice of the peace of the county in which he resides, whose duty it shall be to impose the fine, on infor- Magistrates duty to inflict the penal ty mation being given of such neglect; and return the proceed- Return proceed- ings ings and judgment on the same to the clerk of the county, who shall enter it upon the pioper docket to be collected and applied as other fines and forfeitures now are; Provided, Proviso. That this act shall not interfere with any right of an owner or employer of any slave or slaves, to allow his own ser- vants or those employed by him or her, to have prayers or other religious service upon his own land; And provided also, That nothing contained in this act shall be constiued Further exception Baltimore and Annapolis to prevent the assemblage, within the limits of Baltimore city and Annapolis city, of such slaves, or free negroes and mulattoes for the purpose of religious worship, if said meet- ings are held in compliance with the written permission of a white licensed ordained preacher, and dismissed before ten o'clock at night. Free negroes - found associating in such unlawful meetings, liable to be punished as as slaves Sec 8. And be it enacted, That all free negroes or mu lattoes who shall be found associating, or in any company with slaves, at any unlawful or tumultuous meeting, either by day or mght, or who shall in connection with any slave or slaves, as principal or accessary, be guilty of, and con- victed of, any offence for which slaves are now punishable, before a justice of the peace, such free negro or mulatto shall be subject to the same punishment, and be liable in every respect to the same treatment and penalty as slaves thus offending. Purchasing from negroes forbid Sec. 9. And be it enacted. That it shall not be lawful for any person or persons to purchase of any free negro or mu- Articles mention- ed. latto, or from any slave or slaves, any bacon, pork, beef, mutton, corn wheat, tobacco, rye, or oats, unless such free negro or mulatto shall, at the time of such sale, produce a Without certifi- cate. certificate from a justice of the peace, or three respectable persons residing in the neighborhood of said negro, of the county in which such negro resides, that he or they have reason to believe and does believe, that such free negro or mulatto came honestly and bona fide into possession of any such article so ottered for sale, or unless such slave shall produce a written authonty from his or her owner, employ- er or overseer, to sell any such article; and any person thus offending against the provisions of this act, shall be subject to a penalty of five dollars for every such offence, or a pe- Penalty. nalty equal in amount to the value of the article purchased, should the value thereof exceed the sum of five dollars; the said penalty to be recovered before a single justice of the Recoverables peace, whose duty it shall be to return the proceedings and judgment thereon to the clerk of the county, to be collected as is hereinbefore provided, one half to the use of the in- former, and the balance to be paid to the levy court, or com - missioners, as the case may be, for the use of the county; it shall be the duty of the person charged to retain and pro- Duty of accused duce the certificate of the magistrate, or written authority, .to retain & pro- in his or her defence, or account for its loss and contents, duct certificate either by his own oath or some competent witness. Sec. 10. And be it enacted, That it shall not be lawful for Sale to negroes, of any retailer, ordinary keeper, or other person, to sell any ar- spirituous liquors, dent spirits, gunpowder, shot, or lead, to any free negro, mu- gun power &c for. latto or slave, without, in the case of a free negro, such free bid. negro shall produce a certificate in the nature of a license or permit, from a justice of the peace in the county in which Without specific such free negro may reside, directed to the person so selling certificate, if free the same; or, in case of a slave, unless such slave shall pro- duce a written authority from his owner, employer or over- Or written order seer, and any person so offending shall be subject to the like of master etc of a penalty, to be recovered and applied in every respect as is slave. provided in the foregoing section of this bill. Under penalties. Sec. 11 . And be it enacted, That the judges of the county Courts authorised courts and Baltimore city court,shall,at their several sessions, to withdraw li- have full power and authority as to the continuing or with- censes tor selling. drawal of any license or licenses to retail ardent spirits, and may, on application or remonstrance, exercise a sound discretion relative thereto, and in the recess of the county court, and Baltimore city court, the judges of the orphans' Similar powered court, at their several sessions, shall and may exercise a orphans courts. similar power, authority and discretion, and no license to retail ardent spirits, shall hereafter be granted to any free negro or mulatto, except by order or under the authority of Negroes not to said courts, or one of them, at their respective sessions as have licenses to above: Provided, That this act shall not be so construed as sell spirits. to take from the clerks of the county courts, or of Balti- more city court, the power of issuing license to any free Explanatory white person, nor to effect or alter the dales or time of is- proviso. suing or granting licenses as now provided by law; but no license shall be issued by said clerk to any person from whom a license shall once have been withdrawn by order of court as above provided, except with the permission of the court: Provided also, That such negro or mulatto so ob- taining a license as above, shall enter into recognizance with Further proviso such sureties and in such condition and penally as the said courts or either of them shall approve. Negroes convicted of crimes not capi- tal be punnish- ed according to existing laws, or banished the State. Sec. 12. And be it enacted, That if any free negro or mulatto shall be convicted of any crime committed after the passage of this act, which may not, under the laws of this state, be punished by hanging by the neck, such iree negro or mulatto may, in the discretion of the court, be sentenced to the penalties and punishments now provided by law, or be banished from this state by transportation into some foreign country. |
| Additional Information | – |
| Source | Legacy of Slavery in Maryland: History of Runaways https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000213/html/am213--445.html |
| Transcriber Notes | – |
If you are citing this record, please use the following format:
[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
Pinned records can be viewed at any time by clicking the More menu in the top right corner of the page, then selecting My Pinned Records.