| Date | Dec.31 1796? |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An act relating to negroes and to repeal the acts of the assembly therein mentioned |
| Description/Full Text | Negroes not to be imported &c. BE it enacted, by the General Assembly of Maryland, That it shall not be lawful, from and after the passing of this act, to import or bring into this state, by land or water, any negro, mulatto or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be the property of the person or persons so importing or bringing such slave within this state, and shall be free. Proviso II. Provided nevertheless, and be it enacted, That it shall and may be lawful for any citizen or citizens of the United States, who shall come into this state with a bonâ fide intention of settling therein, to import or bring into this state, at the time of his or her removal into this state, or within one year thereafter, any slave or slaves the property of such citizen at the time of his or her said removal, which slave or slaves, or the mother or mothers of which slave or slaves, shall have been resident of the United States, or some of them, three whole years next preceding such removal, and the same to retain as slaves. Persons not to sell, &c. III. And be it enacted, That nothing herein contained shall be construed to enable any person or persons, so removing as aforesaid, to sell or dispose of any slave or slaves imported by virtue of this act, or their increase, unless such person or persons shall have resided within this state three whole years next preceding such sale, except in cases of disposition by last will and testament, and dispositions by law for bonâ fide debts, or consequent upon intestacy. Right not affected IV. And be it enacted, That nothing in this act contained shall be construed or taken to affect the right of any person or persons travelling or sojourning with any slave or slaves within this state, such slave or slaves not being sold or otherwise disposed of in this state, but carried by the owner out of this state, or attempted to be carried. No slave manumitted to vote, &c. V. And be it enacted, That no slave manumitted agreeably to the laws of this state since the passage of the act, entitled, An act to prohibit the bringing slaves into this state, or made free under the said act, or who shall hereafter be manumitted or made free in virtue of this act, shall be entitled to the privilege of voting at elections, or of being elected or appointed to any office of profit or trust, or to give evidence against any white person, or shall be recorded as competent evidence to manumit any slave petitioning for freedom. Persons not to be considered as slaves, &c. VI. And be it enacted, That no person brought into this state from any of the United States, who is bound to service for a term of years only by the laws of the state from which such person is brought, shall be considered as a slave for life in this state, but such person brought into this state shall serve for the time which the laws of the state from which such person is brought oblige him or her to serve, and no longer. Negroes, &c. carried out may be brought back &c. VII. And, whereas negroes or other slaves may have been or may hereafter be carried out of this state during the infancy, or without the knowledge, authority or consent, of the real owners or proprietors of the same, and it is just and reasonable that the said owners or proprietors should be permitted to bring them in again, Be it enacted, That if any negro, or other slave, hath been or may hereafter be carried out of this state by any executor, administrator or guardian, or by any other person or persons, during the infancy or without the consent or authority of the real owner or proprietors of such negro or other slave, it shall and may be lawful for such owner or proprietor, at any time hereafter, to bring the said negro, or other slave, into this state again, and to have and enjoy the said negro, or other slave, as his or her property. Citizens may remove slaves, &c. VIII. And be it enacted, That it shall and may be lawful for any citizen and resident of this state, or in the right of his wife, in land lying in any one of the adjoining states, and the owner of any slave or slaves employed or worked on the said land, to remove and bring such slave or slaves within this state on the land of such owner, for the use and benefit of the owner, his or her legal representatives, and not for sale; provided such slave or slaves hath or have been residents of some one of the said adjoining states before the twenty-first day of April, in the year one thousand seven hundred and eighty-three, or is or are the descendant or descendants of any slave, being residents as aforesaid; and provided also, that a list of such slave or slaves, containing their names, sexes and ages, be delivered, in writing, and signed by the owner, his overseer or agent, to the clerk of the county into which such slave or slaves shall be brought to reside, within three months thereafter, and the said list shall be recorded at the expence of the owner of such slave or slaves so brought into this state; in which a list of negroes, so recorded, if title to them be acquired by will, the testator's name, the date of the will, and the place where recorded, shall be inserted, and if the title to them be derived from marriage, the name of the married person from whom the title is derived shall likewise be inserted in said list, and the whole entered on record. Citizens of adjoining states may remove their slaves, &c. IX. And be it enacted, That it shall and may be lawful for any citizen and resident of any adjoining state, being seized and possessed of an estate of inheritance in his own right, or the right of his wife, in land lying in this state, and the owner of any slave or slaves, residents of any adjoining state before the twenty-first day of April, in the year one thousand seven hundred and eighty-three, or of the descendant or descendants of any slave, being resident as aforesaid, to remove and bring any such slave or slaves into this state, for the purpose of employing or working such slave or slaves on the land of such owner within this state, for the use and benefit of the owners, his or her legal representatives, and not for sale; provided that a list of such slave or slaves be delivered, in writing, containing the names, sexes and ages, of said negroes, and signed by the owner, his overseer or agent, to the clerk of the county in which such slave or slaves shall be first brought to reside, within three months thereafter, and the said list shall contain a certificate as aforesaid, to be recorded at the expence of the owner of such slave or slaves so removed into this state. As often as they think proper, &c. X. And be it enacted, That the power of removing slaves, as above allowed, may be exercised as often as the owner or owners of such slaves shall think proper, on complying with the directions of this act. Certain slaves may be removed &c. XI. And be it enacted, That if any citizen of this state hath acquired or shall acquire property in any slave or slaves, being residents of any of the United States before the twenty-first day of April, in the year seventeen hundred and eighty-three, or in the descendant or descendants of such slaves, being residents as aforesaid, by marriage, bequest, in course of distribution, or as guardian, such citizens may remove and bring such slave or slaves into this state, for the purpose only of employing or working such slave or slaves within this state, as herein before mentioned, and not for sale; provided, that a list of such slave or slaves be rendered in the manner herein before directed by a citizen of this state, on his bringing slaves into this state as herein before allowed; and provided also, that the owners of such slaves may sell them after such slaves have been residents for three years within this state. Part of an act repealed. XII. And be it enacted, That all that part of an act, entitled, An act to prevent disabled and superannuated slaves being set free, or the manumission of slaves by any last will and testament, which is contained within the third section thereof, shall be and is hereby repealed. Freedom may be granted by will, &c. XIII. And be it enacted, That from and after the passage of this act, it shall and may be lawful for any person or persons, capable in law to make a valid will and testament, to grant freedom to, and effect the manumission of, any slave or slaves belonging to such person or persons, by his, her or their last will and testament, and such manumission of any slave or slaves may be made to take effect at the death of the testator or testators, or at such other periods as may be limitted in such last will and testament; provided always, that no manumission hereafter to be made by last will and testament shall be effectual to give freedom to any slave or slaves, if the same shall be in prejudice of creditors, nor unless the said slave or slaves shall be under the age of forty-five years, and able to work and gain a sufficient maintenance and livelihood, at the time the freedom given shall commence. Parts of former acts repealed. XIV. And, whereas it is contrary to the dictates of humanity, and the principles of the christian religion, to inflict personal penalties on children for the offence of their parents, Be it enacted, That all those parts of an act, entitled, An act relative to servants and slaves, and of another act, entitled, A supplementary act to the act, entitled, An act relating to servants and slaves, which impose servitude to the age of thirty-one years n the issue of certain inordinate copulations, mentioned in the twenty-sixth, twenty-seventh and twenty-eight sections of the said first mentioned act, and in the second and third sections of the said last mentioned act, shall be and they are hereby repealed, provided always, that nothing in this act shall affect the right of any person or persons whatsoever to the servitude of any such issue heretofore acquired under the repealed parts of the act aforesaid. Penalty on persons, fraudulently exporting free negroes, &c. XV. And be it enacted, That from and after the passage of this act, if any person or persons shall forcibly or fraudulently transport or carry, or cause to be transported or carried, out of this state, any free negro or mulatto, knowing such negro or mulatto to be free, every such person or persons shall forfeit and pay the sum of eight hundred dollars for every negro or mulatto so transported or carried, or caused to be transported or carried, one half to the use of the county in which the recovery may be had, and the other to the informer, to be recovered by action of debt, or bill of indictment; and of the said sum be not paid, or secured to be paid, as herein directed, within thirty days after judgment, then such person or persons shall and may be adjudged by the court to serve on the roads for any period not exceeding five years; and if any person or persons shall transport or carry, or cause to be transported or carried, out of this state, any negro or mulatto entitled to freedom at a certain age, and sell or otherwise dispose of, or cause to be sold or otherwise disposed of, out of this state, such negro or mulatto as a slave for life, or for a longer time than he has to serve by law, knowing such negro or mulatto to be entitled to freedom at a certain age, every such person or persons shall, for every such offence, forfeit and pay the sum of eight hundred dollars, one half to the use of the county in which the recovery may be had, and the other to the informer, to be recovered by action of debt, or bill of indictment; and if the said sum be not paid, or secured to be paid, as herein directed, within thirty days after judgment, then such person or persons shall and may be adjudged by the court to serve on the roads for any period not exceeding five years. CHAP. LXVII. Or importing them into this state, &c. XVI. And be it enacted, That from and after the passage of this act, if any person or persons shall import or bring into this state any free negro or mulatto, or any person bound to service for a term of years only, and shall sell or otherwise dispose of such free negro, mulatto, or person bound to serve for a term of years only, as a slave for life, or for any longer time than by law such person may be bound to serve, knowing such negro or mulatto to be free, or entitled to freedom at a certain age, every such person or persons shall, for every such offence, forfeit and pay the sum of eight hundred dollars, to be recovered by action of debt or indictment, one half to the use of the county, the other half to the informer; and in case the said sum shall not be paid, or secured to be paid, within thirty days, then such person or persons shall and may be adjudged to work on the roads for any term not exceeding five years. Masters, &c. not to suffer slaves to depart, &c. XVII. And be it enacted, That if any master, mistress, owner or owners, of any slave or slaves, shall suffer any such slave or slaves to depart from their respective habitation or quarter, and remain at large, begging or becoming burthensome to the respective neighbourhoods, or to other persons, it shall be lawful for the county courts where the master, mistress, owner or owners, of such slave or slaves shall reside, and they are hereby required, upon the complaint or information of any credible person (such complaint or information being supported by oath or affirmation, as the case may require,) to cause such complaint or information to be minuted among their proceedings, and thereupon to issue their warrant to the sheriff of their county against such master, mistress, owner or owners, of such slaves, thereby to cause such master, mistress, owner or owners, to appear before them at some day to be limitted in such warrant; and if, on a due examination in a summary way, the said court shall be satisfied that such master, mistress, owner or owners, of such slave or slaves, have suffered such slave or slaves to depart and wander, or remain at large, contrary to the provisions and intention of this act, the said court are hereby empowered and required to cause such master, mistress, owner or owners, of such slave or slaves, to enter into recognizance, with one sufficient security, if the same shall be awarded, in the penalty of one hundred dollars, to be taken to and in the name of this state, and the condition of the said recognizance shall be such, that if such master, mistress, owner or owners, of such slave or slaves, his, her or their executors or administrators, shall suffer such slave or slaves to depart and remain at large, contrary to the provisions of the act in such cases made and provided, then such recognizance shall remain in force and virtue; and if any such master, mistress, owner or owners, of any such slave or slaves, shall afterwards commit any breach of the condition of such recognizance, it shall be lawful for any person to put in suit and prosecute such recognizance against the cognizor or cognizors thereof; and if the master, mistress, owner or owners, bound by such recognizance, his, her or their executors or administrators, shall be convicted of any of the breaches assigned by verdict, confession or otherwise, the judgment of the court shall be rendered for the penalty and costs of suit, and the same may be recovered by any process of execution, and one third of the penalty shall be applied to the use of the prosecutor, and the remainder to be applied as a fund for the county school, if any, if not, to the use of the county in which such conviction shall happen, and the name of the person prosecuting such recognizance shall be endorsed upon the original writ, and such person shall be answerable for the fees and costs; provided, that if any slave or slaves shall run away or abscond from the service of their master, mistress, owner or owners, contrary to the will of such master, mistress, owner or owners, such running away and absconding shall not be construed, deemed or taken, to be a departing and remaining at large within the meaning of this act. Free negroes &c. not to give or sell their certificiates, &c. XVIII. And be it enacted, That in all cases where certificates from a clerk of any court, or from any judge or magistrate, have heretofore been granted, or may hereafter be granted, to free negroes or mulattoes, of such negro or mulatto shall hereafter give or sell such certificate to any slave, by which means such slave may be able to abscond from the service of his master or owner, and personate the grantee of such certificate, it shall and may be lawful for the master or owner of such slave to have remedy against such free negro in any court of law in this state, and the court before whom such free negro may be tried shall have full power and authority, upon conviction by the verdict of a jury, or upon confession or otherwise, to fine such free negro or mulatto a sum not exceeding three hundred dollars, in the discretion of the court, one half to the use of the master or owner of such absconding slave, the other half to the county school, in case there be any, if no such school, to the use of the county; and in case the said fine shall not be paid, or secured to be paid, within thirty days, then and in such case the said court may adjudge such free negro to be sold, at public vendue, for such a term as the said court may deem just and proper, not exceeding seven years, and the money arising from such sale shall be paid to the person or persons whose slave shall have absconded by means of such certificate. Persons giving a pass, &c. subject to damages, &c. XIX. And be it enacted, That any person or persons who shall hereafter be convicted of giving a pass to any slave or person held to service, or shall be found to assist, by advice, donation or loan, or otherwise, the transporting of any slave, or any person held to service, from this state, or by any other unlawful means depriving a master or owner of the service of his slave, or person held to service, for every such offence the party aggrieved shall recover damages in an action on the case against such offender or offenders, and such offender or offenders also shall be liable, upon indictment and conviction upon verdict, confession or otherwise, in this state, in any county court where such offence shall happen, be fined a sum not exceeding two hundred dollars, at the discretion of the court, one half to the use of the master or owner of such slave, the other half to the county school, in case there be any, if no such school, to the use of the county. Slave selling liquor may be apprehended, &c. XX. And be it enacted, That any slave selling liquor, or keeping entertainment at any muster ground, horse race, or other public place whatever, without the orders or permission of his or her owner in writing, shall be liable to be apprehended and punished, in the discretion of any justice of the peace, nor exceeding twenty stripes; that upon the information, or oath or affirmation, as the case may be, if any credible person, to any judge associate justice, or justice of the peace of any county of this state, that any free negro, mulatto or other person, is found living idle, without any visible means of maintenance, or going at large through such county, and without any visible means of subsistence, such judge or justice is hereby authorised and required to issue his warrant to any constable of his county, directing him to apprehend such person or persons, and bering him, her or them, before some judge or justice of such county; and upon the return of any such warrant, such judge or justice, before whom the same shall be returned, is hereby authorised and empowered to inquire, by all lawful means, whether such negro, mulatto or other persons, is an offender under this act, and if it shall be made appear, to the satisfaction of such judge or justice, that such person is such an offender, then in such case such judge or justice is hereby directed forthwith to order such free negro, mulatto or other person, to give security for hs good behaviour, in a penalty not exceeding thirty dollars, or on default of such security to order such free negro, mulatto or other person, to depart the state within five days; and such free negro, or mulatto or other person, refusing to comply with this act, or after leaving this state shall again return within six months, may be again taken up and carried before some judge or justice of the peace, who may commit the said free negro, mulatto or other person, to the common gaol of the county; and in case such person or persons, so committed, shall not, within twenty days thereafter, pay his or her prison charges, it shall and may be lawful for the sheriff of such county wherein such person or persons shall have been committed, with the approbation of any two justices of the peace of such county, to sell such person or persons to serve for a period of time not exceeding six calendar months, and the money therefrom arising, after payment of the charges arising from such commitment and confinement, to pay over unto the justices of the levy courts of the respective counties, for the use of said counties. No petition to originate in the general court, &c. XXI. And be it enacted, That no petition or petitions for freedom shall hereafter originate in the general court of either shore, but shall commence and be tried only in the county where such petitioner or petitioners shall reside, under the direction of his, her or their master, mistress or owner; and the court of the county in which such petition or petitions shall be preferred, shall have full power and authority to issue process against such master, mistress or owner, for the purpose of compelling his or her appearance, directed to the sheriff of the county where such person or persons shall reside, and such sheriff shall serve and return such process, in the same manner as if issued by the county court of this county, and in case of neglect or delay in such sheriff to execute and return such process, he may be fined by the court issuing such process. Petitioner, &c. may apply to the court, &c. XXII. And be it enacted, That in all petitions now depending, or hereafter commenced, for freedom, either the petitioner or defendant may apply to the court for the benefit of a trial by jury, and the court shall thereupon charge, as the law directs, the attending jury, to determine each and all of the allegations contained in the said petition, which may be controverted, any law, usage or custom,. to the contrary notwithstanding. There shall be no appeal, &c. XXIII. And be it enacted, That there shall be no appeal from the judgment of the county court upon such petitions, except as to matters of law, where the facts shall have been tried by a jury, and the master, mistress or owner, of such petitioner, or the petitioner, at the election of either, shall have the right of appeal as to matters of law only, and to take bills of exception in all cases so tried to the general court of their respective shore, any thing in this act contained to the contrary notwithstanding. Master, &c. may challenge, &c. XXIV. And be it enacted, That either the master, mistress or owner, of such petitioner, or the petitioner, shall have the right an privilege of challenging peremptorily to the number of twelve jurors impannelled to try the facts in issue, and for want of a sufficient number of jurors remaining upon the original pannel, a tales, at the prayer of either party, shall be awarded by the court to try the said issue or issues. The attorney to pay costs in certain cases, &c. XXV. And be it enacted, That in all cases of petitions for freedom hereafter to be instituted in any court of law in this state, where the petition or petitions shall be dismissed, or upon trial the judgement against such petitioner or petitioners, the attorney prosecuting or appearing to the same shall pay all legal costs arising therein, unless the court, before whom the same may be brought, shall be of opinion, under all circumstances, that there was probable ground to suppose the said petitioner or petitioners had a right to freedom; and that in all cases of petitioner for freedom now depending in any court of law in this state, except on appeal, where a similar petition or petitions, at the suit of the same party of parties, has or have been before filed and dismissed, the court before whom such petitioner or petitioners are depending shall order a stay of all proceedings until the costs of the former petition or petitions, and all reasonable demands and expences sustained or incurred by the defendant or defendants therein, to be ascertained by the court, shall have been paid or secured to be paid. If not paid, defendant to be discharged,&c. XXVI. And be it enacted, That in case the said costs, damages and expences, shall not be paid within six months after the court shall have ordered a stay of proceedings, and ascertained the said damages and expences as aforesaid, the defendant or defendants in such petition or petitions, so as aforesaid depending, and his, her or their securities, shall be discharged from any recognizance by him, her or them, entered into, in consequence of such petition or petitions being filed, and the said petition shall be forthwith dismissed. Court may order a stay, &c. XXVII. And be it enacted, That if any petition for freedom shall hereafter be filed in any court of law in this state, and dismissed, and a second petition filed at the suit of the same party, the court in which such second petition may be filed shall order a stay of all proceedings until the costs of the former petition, and all reasonable damages and expences sustained or incurred by the defendant or defendants therein, to be ascertained by the court, shall have been paid or secured to be paid. Act to be given in charge. XXVIII. And be it enacted, That it shall be the duty of the several county courts of this state to give this in charge to the several grand juries of their respective counties. Healthy slaves may be manumitted, &c. XXIX. And be it enacted, That where any person or persons possessed of any slave or slaves within this state, who are or shall be of healthy constitutions, and sound in mind and body, capable by labour to procure to him or them sufficient food and raiment, with other requisite necessaries of life, and not exceeding forty-five years of age, and such person or persons possessing such slave or slaves as aforesaid, and being willing and desirous to set free or manumit such slave or slaves, may, by writing under his, her or their hand and seal, evidenced by two good and sufficient witnesses at least, grant to such slave or slaves his, her or their freedom; and that any deed or writing, whereby freedom shall be given or granted to any such slave, which shall be intended to take place in future, shall be good to all intents, constructions and purposes whatsoever, from the time that such freedom or manumission is intended to commence by the said deed or writing, so that such deed and writing be not in prejudice of creditors, and that such slave, at the time such freedom or manumission shall take place or commence, be not above the age aforesaid, and be able to work, and gain a sufficient livelihood and maintenance, according to the true intent and meaning of this act; which instrument of writing shall be acknowledged before one justice of the peace of the county wherein the person or persons granting such freedom shall reside, which justice shall endorse on the back of such instrument the time of the acknowledgment, and the party making the same, which he or they, or the parties concerned, shall cause to be entered among the records of the county court where the person or persons granting such freedom shall reside, within six months after the date of such instrument of writing; and the clerk of the respective county courts within this state shall, immediately upon the receipt of such instrument, endorse the time of his receiving the same, and shall well and truly enrol such deed or instrument in a good and sufficient book, in folio, to be regularly alphabeted in the names of both parties, and to remain in the custody of the said clerk for the time being among the records of the respective county courts; and that the said clerk shall, on the back of every such instrument, in a full legible hand, make an endorsement of such enrolment, and also of the folio of the book in which the same shall be enrolled, and to such endorsement set his hand, the person or persons requiring such entry paying the usual and legal fees for the same. A copy good evidence. XXX. And be it enacted, That a copy of such record, duly attested under the seal of such office, shall at all times hereafter be deemed, to all intents and purposes, good evidence to prove such freedom. Several acts repealed. XXXI. And be it enacted, That an act passed at April session, seventeen hundred and eighty-three, chapter twenty-three, entitled, An act to prohibit the bringing of slaves into this state, and an act passed at November session, seventeen hundred and ninety, chapter nine, entitled, An act to repeal certain parts of an act, entitled, An act to prevent disabled and superannuated slave being set free, or the manumission of slaves by any last will and testament, and of a supplementary act thereto, and for certain other purposes, and an act passed at November session, seventeen hundred and ninety-one, chapter fifty-seven, entitled, A supplement to the act, entitled, An act to prohibit the bringing slaves into this state, and to alter and amend parts of the said act, and an act passed at November session, seventeen hundred and ninety-one, chapter seventy-five, entitled, An act concerning petitions for freedom, and act passed at November session, seventeen hundred and ninety-three, entitled, A supplement to an act concerning petitions for freedom, and an act passed November session, seventeen hundred and ninety-four, entitled, A further supplement to an act to prohibit the bringing slaves into this state, shall be and the same are hereby repealed; provided, that all rights heretofore acquired under the said repealed laws, or any of them, shall not be affected or impaired by this act. |
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| Source | https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000105/html/am105--249.html http://slavery.msa.maryland.gov/html/research/histlaw.html |
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[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.
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