in this act contained, shall be construed to extend to any keel-boat or This act not barge engaged in the navigation of the Mobile, Alabama, or Tombeck- to include bee rivers, or their tributaries. barges, on certain rivers. SLAVES, AND FREE PERSONS OF COLOR. the general relation to slaves. § 1. THE general assembly shall have no power to pass laws for the Con. Ala. emancipation of slaves, without the consent of their owners, or without Art. 6. (Slaves.) paying their owners, previous to such emancipation, a full equivalent in sec. 1. money for the slaves so emancipated. They shall have no power to pre- Powers of vent emigrants to this state from bringing with them such persons as assembly in are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state: Provided, That such person or slave be the bona fide property of such emigrants: And provided also, That laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners. § 2. In the prosecution of slaves for crimes of a higher grade than sec. 2. petit larceny, the general assembly shall have no power to deprive them Trial for of an impartial trial by a petit jury. crimes. Dismember §3. Any person who shall maliciously dismember or deprive a slave sec. 3. of life, shall suffer such punishment as would be inflicted in case the ing or killing like offence had been committed on a free white person, and on the slave. like proof, except in case of insurrection of such slave. 4. No slave shall be admitted a witness against any person, in any 1805–(4) matter, cause, or thing whatsoever, civil or criminal, except in criminal Sec. 1. cases, in which the evidence of one slave shall be admitted for or be a witness against another slave. Slave not to except in trial of slave. go from home pass, § 5. No slave shall go from the tenement of his master or other . Sec. 2. person with whom he lives, without a pass, or some letter or token, Slaves not to whereby it may appear that he is proceeding by authority from his without a master, employer, or overseer; if he does, it shall be lawful for any person to apprehend and carry him before a justice of the peace, to be by his order punished with stripes, or not at his discretion, not exceeding twenty stripes. plantation of without § 6. If any slave shall presume to come and be upon the plantation Ib. Sec. 3. of any person whatsoever, without leave in writing from his or her or upon the owner or overseer, not being sent upon lawful business, it shall be any person lawful for the owner or overseer of such plantation, to give or order leave in wrisuch slave ten lashes on his or her bare back, for every such offence. ting. § 7. No slave shall keep or carry any gun, powder, shot, club, or 1. Sec. 4. other weapon whatsoever, offensive or defensive, except the tools given carry weahim to work with, unless he is ordered by his master, mistress, or pons, offenoverseer, to carry the said articles from one place to another; but all and every gun, weapon, or ammunition, found in the possession or custody of any slave, may be seized by any person, and upon due Slaves not to sive or defensive. Weapons forfeited to the seizer thereof. proof made thereof, before any justice of the peace of the county or corporation where such seizure shall be made, shall, by his order, be forfeited to the seizer, to his own use; and moreover, every such offender shall receive, by order of such justice, any number of lashes not exceeding thirty-nine, on his bare back, for every such offence: Provided, That any justice of the peace may grant, in his proper ry gun with County, permission in writing to any slave, on application of his masin their own- ter or overseer, to carry and use a gun and ammunition within the with owner's limits of his said master's or owner's plantation, for a term not exceed consent. ing one year, and revocable at any time within such term, at the discretion of said justice. May be li censed tocar. er's farm, Ib. Sec. 5. Penalty on persons per mitting slaves, not their own, to remain on their planta.. tions. Ib. Sec. 6. Riots, &c., by slaves, pun ished with stripes. Ib. Sec. 7. white person § 8. And to prevent the inconveniences arising from the meeting of slaves, Be it enacted, That if any master, mistress, or overseer of a family shall knowingly permit or suffer any slave not belonging to him or her, to be and remain in or about his or her house or kitchen, or upon his or her plantation, above four hours at any one time, without leave of the owner or overseer of such slave, he or she so permitting, shall forfeit and pay ten dollars for every such offence; and every owner or overseer of a plantation, who shall so permit or suffer more than five negroes or slaves, other than his or her own, to remain upon his or her plantation or quarter at any one time, shall forfeit and pay ten dollars for each negro or slave above that number, which said several forfeitures shall be to the informer, and recoverable with costs, before any justice of the peace of the county or corporation where such offence shall be committed: Provided, That nothing herein contained shall be construed to prohibit the negroes or slaves of one and the same owner, though seated at different quarters, from meeting with their owner's or overseer's leave, upon any plantation to such owner belonging, nor to restrain the meeting of slaves, on their owner's or overseer's business, at any public mill; nor to prohibit their meeting on any other lawful occasion, by license in writing from their owner or overseer, nor their going to church, and attending divine service on the Lord's day, and between sunrising and sunsetting. § 9. Riots, routs, unlawful assemblies, trespasses, and seditious speeches, by a slave or slaves, shall be punished with stripes, not exceeding thirty-nine, at the discretion of a justice of the peace; and he who will, may apprehend and carry him, her, or them, before such justice. § 10. If any white person, free negro or mulatto, shall at any time Penalty on be found in company with slaves, at any unlawful meeting, such perfor attending son being thereof convicted before any justice of the peace, shall forfeit and pay twenty dollars for every such offence, to the informer, recoverable with costs before such justice. unlawful meeting, or unlawful Penalty on § 11. Every justice of the peace, upon his own knowledge of such Powers of unlawful meeting, or information thereof to him made within ten days justices of the peace in after, shall issue his warrant to apprehend the persons so met or ascase of such sembled, and cause them to be brought before him, or some other meetings. justice of his county or corporation, to be dealt with as this act directs; and every justice failing herein, shall forfeit and pay ten dollars for every such failure; and every sheriff or other officer, who shall fail, sheriffs and upon knowledge or information of such meeting, to endeavor to sup cers for not press the same, and bring the offenders before some justice of the to suppress peace to receive due punishment, shall be liable to the like penalty of ten dollars; both which penalties shall be to the informer, and recoverable with costs, by action of debt, in any county or corporation court; and every under-sherff, or constable who, upon knowledge or information of such meeting, shall fail to perform his duty in suppress other offi endeavoring unlawful meetings, ing the same, and apprehending the persons so assembled, shall forfeit and pay ten dollars for every such failure, to the informer, recoverable with costs, before any justice of the county or corporation wherein such failure shall be. § 12. No person whatsoever shall buy, sell, or receive, of, to, or from Ib. Sec. 9. a slave, any commodity whatsoever, without the leave or consent of Trading with slaves prohithe master, owner, or overseer of such slave, expressive of the arti- bited. cles so permitted to be bought, sold, or bartered. And if any person shall presume to deal with any slave, without such leave or consent, he or she so offending, shall forfeit and pay to the master or owner of such slave, four times the value of the thing so bought, sold, or re- Penalty. ceived, to be recovered with costs by action upon the case, in any court having cognizance of the same, and shall also forfeit and pay the further sum of twenty dollars, to any person who will sue for the same, with costs before any justice of the peace; or on failure or refusal so to pay, shall, by order of such justice, be committed to prison, until he or she make such payment; and any slave offering to sell any Punishment article, without leave in writing from his master or owner, shall re-offering to ceive ten lashes, by order of any justice of the,peace before whom he sell, &c. or she is convicted. of slave for Masters not to trade as § 13. If any master or owner of a slave, shall license such slave to Ib. Sec. 10. go at large and trade as a freeman, the master or owner shall forfeit to license and pay the sum of fifty dollars, one moiety to the use of any person their slaves suing for the same, and the other moiety to the use of the territory; freemen, and if after conviction, such slave shall be found so going at large and trading, the master or overseer shall again be liable to the like penalty, to be recovered as aforesaid, and so, as often after conviction as such slave shall be found so going at large and trading. nor to go at large, or hire out. against slave §14. If any person shall permit his or her slave to go at large, or b. Sec. 11. hire him or herself out, every person or persons so offending, shall forfeit and pay to the use of the territory, the sum of fifty dollars; and themselves it shall be lawful for any person to apprehend and carry such slave before a justice of the peace, in the county or corporation where apprehended, and if it shall appear to the justice that such slave comes Mode of prowithin the purview of this act, he shall order him or her to the jail of ceeding the county or corporation, there to be safely kept until the next court, and owner. when, if it shall be made to appear to the court, that the slave so ordered to jail hath been permitted or suffered to hire him or herself out, contrary to the meaning of this act, the court shall immediately proceed to enter up judgment, and award execution against such offender, for the amount of said forfeiture with costs: Provided, That if the owner or holder of such slave or slaves shall enter into bond before said justice, payable to the governor and his successors in office, with sufficient security, in double the amount of said forfeiture, conditioned to appear at the next county court of the proper county, to do and receive what shall be enjoined him by the court, then such slave may be suffered to remain with his or her owner. Runaway § 15. All runaway slaves may be lawfully apprehended by any per- Ib. Sec. 12. son, and carried before the next justice of the peace, who shall either slaves, how commit them to the county jail, or send them to the owner, if known, to be dealt who shall pay for every slave so taken up, the sum of six dollars to the person apprehending him or her, and also all reasonable costs and charges. with. Powers of § 16. And whereas many times slaves run away and lie out, hid, b. Sec. 13. and lurking in swamps, woods, and other obscure places, killing hogs, justices with and committing other injuries to the inhabitants of this territory; there- respect to fore, Be it enacted, That in all such cases, upon intelligence given of slaves. out-lying two or more slaves lying out as aforesaid, any one justice of the peace of the county where the slaves are supposed to lurk or to do mischief, is required, by warrant, reciting their names and owners' names if known, to direct the provost of the patrols to take such power with him as he shall think fit and necessary for the effectual apprehending of such out-lying slave or slaves, and go in search of them, and upon their being apprehended, to commit them or any of them, to the jail of his county for further trial; and for every such out-lying slave by him apprehended and committed to jail as aforesaid, he shall be entitled to a reward of thirty dollars, to be paid out of the territorial treasury, ing out-lying three-fourths of which sum shall be reimbursed to the treasury by the owner of such slave: Provided, That if the owner be an inhabitant of this territory, the said sum shall be added to his tax for the current year, and be collected and accounted for in the same manner as other public taxes are: And provided also, That any other person or persons who shall apprehend and commit to jail as aforesaid, any out lying slave, shall be entitled to the same reward for every such apprehension and commitment. Reward for apprehend slave. Ib. Sec. 14. Slaves probiing dogs. § 17. All slaves are hereby prohibited from keeping dogs, under any bited keep pretence or consideration whatsoever; and the slave or slaves so offending, upon complaint thereof before any justice of the peace, shall be punished with not exceeding twenty-five stripes for every such offence, and the master or owner who shall permit his slaves to keep dogs contrary to this law, shall forfeit and pay the sum of five dollars for each dog so kept, to the use of the person complaining; and moreover, shall make good all damages done by dogs appertaining to, or kept by any of his or her slaves. Ib. Sec. 15. own any horse or mare. In what manner they may 18. No slave shall be allowed to own any horse, mare, gelding, Slaves not to or mule; and if any slave shall actually own such property, the same shall be forfeited and sold under the direction of the court of the coun ty where such property shall be so owned; one moiety of the proceeds for the use of the territory, and the other moiety to any person who will sue for the same. It is also forbidden to slaves to keep hogs running at large, or to keep in enclosures more than they can keep hogs. conveniently maintain, the number of which to be regulated by the several owners, and to be distinctly marked, and register thereof made for the inspection of any person who shall require to see the same. § 19. And whereas, it has been the humane policy of all civilized nations, where slavery has been permitted, to protect this useful but degraded class of men from cruelty and oppression; therefore, Be it enacted, That no cruel or unusual punishment shall be inflicted on any slave within this territory. And any owner of slaves authorizing or permitting the same, shall, on conviction thereof, before any court having cognizance, be fined according to the nature of the of fence, and at the discretion of the court, in any sum not exceeding two hundred dollars, for the use of this territory. Ib. Sec. 16. unusual pun ishment to be inflicted on slaves. Ib. Sec. 18. or advising rebellion. murder, &c. § 20. If any slave shall, at any time, consult, advise, or conspire Conspiring to rebel, or make insurrection, or shall plot, or conspire the murder of any person or persons whatsoever, every such consulting, ploting, or conspiring shall be adjudged and deemed felony, and the slave or slaves convicted thereof, in manner hereinafter directed, shall suffer death. Ib. Sec. 20. 21. The trial of a slave for felony, or any capital offence, shall be in all respects similar to the trial of a free citizen or inhabitant, for lony, or capi- the like offence,1 except that the jury, or two-thirds at least thereof, slave for fe tal offence. 1 But see "Criminal Law,"— Trial of Persons of Color. empannelled for such trial, shall be composed of owners of slaves. And the court may take for evidence, the confession of the offender, the oath of one or more credible witnesses, or such testimony of slaves, or negroes, with pregnant circumstances, as to them shall seem convincing. Benefit of clergy. § 22. When any slave shall be convicted of any offence within the Ib. Sec. 21. benefit of clergy; judgment of death shall not be given against him or her upon such conviction; but he or she shall be branded on the face or breast by the jailer in open court, and suffer such corporal punishment as the court shall think fit to inflict, except where he or she once had the benefit of this act, and in those cases, such slave or negro shall suffer death without benefit of clergy.1 23. All slaves emancipated shall be liable to be taken by execu- 1805—(5) tion to satisfy any debt contracted by the person emancipating them, before such emancipation is made. Liable for debts contracted before emanci Ib. Sec. 2. freedom by court. § 24. Any slave in this territory claiming his or her freedom, shall proceed by petition to the circuit court of the county where his or her pation. master or owner shall reside, who, if the slave be in his or her pos- Slaves may session, shall enter into bond with approved security to the governor, sue for their in a sum to be adjudged of by the court, that the said slave shall be petition to forthcoming and subject to the order of said court, and that he will the circuit abide by the judgment the said court may render in the premises; in Preliminary which case such slave shall remain in the service of his owner, or proceedings. person claiming him or her, until the determination of the suit; and if out of the possession of his or her owner, or person claiming him or her, such slave shall enter into recognizance with sufficient security, to be approved of by the court, to make good to his or her owner all such costs and damages as he shall have incurred, in consequence of the application of such slave for the recovery of his freedom, in case he eventually fail in substantiating the same, and that he will be forthcoming and abide the sentence of the said court: "which power vested [a 1815—(3) in said court, to take bonds and recognizances, may be exercised by a judge of the territory, out of court as well as in court. Sec. 1.] Sec. 1. mitted to his owner, in cation of by the she 25. When any slave shall be committed to the jail of any county 1809—(7) as a runaway, and such runaway slave shall not be claimed and proved Runaway by the owner thereof within six months from the first publication slave comof the commitment of such slave, in some newspaper published in jail, if not this territory, it shall be lawful for the sheriff of the proper county to claimed by sell said runaway slave at public auction, at the court-house of his pro- six months per county, upon giving at least thirty days' previous notice of such after publisale, by advertisement published in some newspaper in this territory, commitment, at the court-house of the proper county, and at least two other pub- may be sold lic places within the same; and out of the proceeds arising from riff. the sale of any runaway slave as aforesaid, the sheriff shall be entitled to the same commission and fees as are allowed in cases of execution; and the balance, after paying all prison fees, and the maintenance of Proceeds, af said runaway slave while in jail, shall be for the use of the proper expenses, to County: Provided, That if the owner of such runaway slave shall, go to the after such sale, prove his property in any such slave, the proper coun- Owner, on ty shall pay to him the amount that shall have been paid into the proof, may county treasury, on account of the sale of such slave, but the right to amount paid, any slave sold as aforesaid, shall be and remain vested in the purchaser but not di under the sale made by the sheriff, as aforesaid, any law to the con- ser's title. rary notwithstanding. But see "Crimes and Misdemeanors," § 37, abolishing the benefit of clerby in all respects. ter deducting county. recover vest purcha. |