| Date | 1793 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An act to puni?h the practice of kidnapping free Negroes and free Mulatoes, and for other purpo?es |
| Description/Full Text | Per?ons feloniou?ly kidnapping any free Negro or Mulatto, how puni?hed. SECTION 1. BE it enacted by the Senate and Hou?e of Repre?entatives of the ?tate of Delaa ware in General A??embly met, That from and after the pa??ing of this a?t, every per?on who ?hall feloniou?ly kidnap, take and carry away from this ?tate, into any other ?tate, any free Negro or free Mulatto, or Thall aid or a?lift any per?on or per?ons in committing ?uch offence, and being thereof legally convicted or attainted by verdict of a jury, or confe??ion of the party offending, or Thall ?tand mute and not directly an?wer to the indictment, indor?ed with the name of the pro?ecutor or pro?ecutors, if required to be indorf- ed, ihall be publicly whipped on his or her bare back with thirty-nine lathes well laid on, and ?hall ?tand in the pillory for the ?pace of one hour, with both of his or her ears nailed thereto, and at the expiration of the hour, .all have the ?oft part of both of his or her ears cut off. Persons pro?ecuted for certain offences, requirred to give ?pecial bail. Sect. 2. And be it enacted, That every per?on, who ?hall hereafter be guilty of any offence or offen- ces, contrary to the true intent and meaning of an act, intitled, An act to prevent the exportation of Naves, and for other purpo?es, or of an act, intitled, An additions al ?upplementary act to an act, intitled, An act to prevent the exportation of ?laves, and for other purpo?es, and fhall be profecuted for the ?ame, ?hall be obliged to give good and ?ufficient bail and ?ecurity, to the officer ex- ecuting the capias again?t him or them, to appear in the court out of which ?uch capias ?hall i??ue, at the day and return of ?uch writ, to an?wer to ?uch fuit or profecution; and ?hall likewi?e, at the time of ?uch appearance, give ?ufficient bail or ?ecurity, in the ?aid court, to antwer and pay the forfeiture and penalty incurred for ?uch offence or offences, in cafe he, the or t?ey Thall be convicted thereof, or to yield his, her or their bodies to pri?on. Permit to export Permit to export a ?lave, by whom grantable. SECT. 3. And be it ena?ted, That from and after the fir?t Tue?day of October next, the Ju?tices of the Court of General Quarter Se??ions of the Peace and Gaol Delivery, or any two of them, ?hall have the like power to grant a licence or permit to export, ?ell or carry out for ?ale, any Negro or Mulatto ?ave from this ?tate, that five Ju?tices of the Peace, in open ?e??ons now have. Ever ?lave exported, &c. without a permit, declared free. SECT. 4. And be it further enacted, That if any per?on or per?ons, being the owner or owners of any ?ave or flaves, his agent or factor, ?hall, after the pa??ing of this act, export or ?ell, with an intent for exportation, or car- ry out for ?ale, from this ?tate, any Negro or Mulat- to ?ave, without a licence or permit as afore?aid fir?t had and obtained from the ju?tices of the court afore- ?aid, every ?uch Negro or Mulatto llave, fo exported, or ?old with an intention for exportation, or carried out for ?ale, is hereby declared free, and intitled to en- joy all the privileges that a free Negro or Mulatto may or can do within this ?tate. |
| 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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