| Date | 1797 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An Act concerning Negro and Mulatto ?laves |
| Description/Full Text | Preamble WHEREAS it is nece??ary for the ?ecurity of Negro and Mulatto ?laves, who?e ma?ters or mi?tre??es may intend to manumic them, and al?o for the ?afety of per?ons holding ?uch property, that the mode of manumitting ?uch Naves mould be rendered certain, and not depend upon verbal contracts or ma- numi??ions, which are often mi?under?tood and for- gotten; Slaves ?hall not be ?et free by verbal contracts. Section 1. BE it therefore enacted by the Senate and Hou?e of Repre?entatives of the ?tate of Delaware in General A??embly met, That from and after the pa??ing of this act, no Negro or Mulatto Nave ?hall be ?et be ?et free and at liberty, nor di?charged from the ?ervice of his or her ma?ter or mi?tre?s, or ma?ters or mi?tre??es, by the adjudication or decree of any court what?o- ever, in virtue or in con?equence of any verbal con- tract or agreement, hereafter made by ?uch ma?ter or mi?tre?s, or ma?ters or mi?tre??es; but that every ?uch contract and agreement ?hall be null and void, and ?hall not be binding or obligatory upon ?uch ma?ter or mi?tre?s, or ma?ters or mi?treffes. How manumi??ions ?hall be executed Sect. 2. And be it enacted by the authority afore?aid, That all and every manumi??ion of any Negro or Mu- How manumif. latto Nave ?hall be in writing, and ?igned and ?ealed fons hall be by the ma?ter or mi?tre?s, or ma?ters or mi?treffes, executed; manumitting ?uch flave, and ?hall be atte?ted and ?ub?cribed in the pre?ence of ?uch ma?ter or mi?tre?s, or ma?ters or mi?tre??es, by one or more competens and credible witne??es, or el?e ?uch manumiffion ?hall be utterly void and of none effect. ?hall be proved and recorded. Sect. 3. And be it enacted by the authority afore?aid, That it thall and may be lawful for any ma?ter or mi?tre?s, or ma?ters or mi?tre??es, named in ?uch ma- numi??ion, which ?hall be ?igned, ?ealed, atte?ted, and ?ub?cribed as afore?aid, in his, her, or their proper per?on or per?ons, or by his, her, or their attorney or attornies for that purpo?e appointed, to appear before the Supreme Court, or before the Court of Common Pleas, or before the Chancellor, or any Judge or Ju?tice of the Peace in the county in which ?uch mal- ter or mi?tre?s, or ma?ters or mi?treffes refide, at any time after the execution of ?uch manumifion, and acknowledge that ?uch manumi??ion is the act or deed of ?uch ma?ter or mi?tre?s, or ma?ters or mi?tre??es; and in ca?e ?uch ma?ter or mi?tre?s, or ma?ters of mil- tre??es, be dead, or cannot appear, it ?hall and may be lawful for any one or more of the witnefies, who atte?ted and ?ub?cribed ?uch manumi??ion, to be , brought before the Supreme Court, or Court of Com- mon Pleas, or before the Chancellor, or any Judge or Ju?tice of the Peace ; which witne?s or witneffes Thail be examined, upon oath or affirmation, to prove the execution, and their atte?tation and ?ub?cription, of the manumi??ion then produced; whereupon the Clerk or Prothonotary of the ?aid court, under his hand and the feal of his office, or the ?aid Chancel- lor, Judge, or Ju?tice of the Peace, under his hand and leal, Thall certify ?uch acknowledgment or proof, upon the back of the manumiffion as afore?aid, with- in the year when the ?ame was made, and by whom ; and every ?uch manumi??ion, ?o acknowledged or proved, ?hall be recorded in the office for recording of deeds, after the execution thereof; and after the fame ?hall be recorded, the Recorder ?hall certify, on the back thereof, or at the foot thereof, under his hand and ?eal of his office, the day he recorded the ?ame, and the name of the book and page wherein it is recorded. Actions ?hall not be brought, unle?s, &c. Sect:-4. And, be it enacted by the authority afore?aid, That no action ?hall be brought whereby to charge any per?on or per?ons upon any agreement or contract for the liberation or manumi??ion of any Negro or Mulatto Nave, unle?s ?uch agreement or contract (ball be in writing, and ?igned and ?ealed by the party making the ?ame, and ?hall be atte?ted and ?ub- ?cribed by one or more competent and credible wit- ne??es. In what ca?es ?laves ?hall be free. Sect. 5. Provided neverthele?s, and be it enacted by the authority afore?aid, That any Negro or Mulatto In what tales ?lave, who hath been or ?hall be brought into this faves thall be ftate contrary to the intent and meaning of an act of Chap. 145. b. the General A??embly, intitled, An act to prevent the exportation of Naves, and for other purpo?es ; and any Negro or Mulatto flave who hath been or ?hall be exported, or fold with an intention for exportation, or carried out for ?ale from this ?tate, contrary to the Chap. 22. c. intent and meaning of an act, intitled, An af to puni?h the practice of kidnapping free Negroes and free Mulat- toes, and for other purpo?es, ?hall be, and are hereby declared free ; any thing in this act to the contrary notwith?tanding : And that nothing in this act ?hall prevent any ma?ter or mi?tre?s from manumitting any Negro or Mulatto Nave by his or her la?t will. Security to be given by per?ons manumitting. Sect. 6. And be it furiber enacted by the authority afore?aid, That the ?ecurity required by the laws of this ?tate to be given by any ma?ter or mi?tre?s on li- berating or manumitting his or her Nave, ?hall be gi- ven according to the true intent and meaning of ?uch laws; any thing herein contained to the contrary noc- with?tanding. Of appeals from the Common Pleas. Sect. 7. And be it further enacted by the authority afore?aid, 'That if any per?on or per?ons ?hall conceive of appeals from him, her, or them?elves aggrieved by any di?charge, the common adjudication, decree or fentence, made, ordered, gi- ven, or rendered by the Judges of the Court of Com- mon Pleas, on the hearing of any petition for free- dom, preferred to them by any per?on held or detain- ed as a ?ervant or llave, it thall and may be lawful for ?uch perton er per?ons to appeal from the dif- charge, adjudication, decree, or ientence of the ?aid court, to the High Court of Errors and Appeals. Slaves attempting to commit rapes on white women, how tried and puni?hed. SECT. 8. And be it enacted, That if any Negro or Mulatto ?lave, within this ?tate, ?hall attempt to com- mit a rape on a white woman or maid, he ?hall be tried before two Ju?tices of the Peace, for the county wliere fuch offence ?hall be committed, and ?ix ?ub- ftantial freeholders to be fummoned for that purpo?e by warrant under the hand and ?eal of the ?aid juf- tices, directed to ?ome Con?table of the ?aid county; which ?aid freeholders ?hall be ?worn or affirmed for that purpo?e by the ?aid ju?tices; and if duly convict- ed thereof, he Mall be adjudged by the ?aid ju?tices to be publicly whipped, on his bare back, with thir- ty-nine la?hes welljaid on, and ?hall ?tand in the pil- lory for the ?pace of one hour with both of his ears nailed thereto, ind, at the expiration of the hour, be thall have the loft part of both of his ears cut off. How tried and puni?hed for a??ault and battery. SECT. 9. And be it further enacted by the authority afore?aid, That if any Negro or Mulatto llave ?hall aflault and beat any other Negro or Mulatto flave, or any free Negro or free Mulaito, he, ?he, or they fo offending, Mall be tried before two Ju?tices of the Peace for the county where ?uch offence ?hall be com- mitced ; and if duly convicted thereof, he, the, or they thall be adjudged by the ?aid ju?tices to be pub- licly : hipped, on his, her, or their back, with any number of la?hes not exceeding thirty-nine, well laid Provi?io on: Provided neverthele?s, That it ?hall and may be lawful for the taid ju?tices to adjudge and order a fine of any fum not lets than One Dollar, nor exceeding Twenty Dollars, to be received by the officer ordered to execute the ?entence of the ?aid ju?tices, from the ma?ter or mi?tre?s, or ma?ters or mi?trefles of ?uch ?lave; and in ca?e of the payment of ?uch ?um of money fo adjudged and ordered, the ?aid Negro or Mulatto flave ?hall not be whipped, which lum ?o ordered, adjudged, and paid to the ?aid officers exe- cuting ?uch fentence, ?hall by him be paid over to the State Trea?urer, for the u?e of the ?tate. Repeal Sect. 10. And be it enacted by the authority afore?aid, That ?o much of all and every of the laws of this ?tate as are hereby altered and changed, are hereby repeal- ed, made null and void. |
| Additional Information | – |
| Source | Delaware., Delaware. General Assembly. (1797). Laws of the State of Delaware. Wilmington, Del. Slavery & Freedom in Delaware 1639-1865, William H. Williams |
| 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.
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