have been set forth in the fourth chapter. There is, probably, no legislative enactment proceeding from the local authority to which the condition of slavery, under the Dutch government, can be attributed. The personal condition of the free white inhabitants, under private law, was not essentially different from that of the English in the other colonies, and the same distinction of race which existed in all the European colonies, of that time, must be taken to have limited the terms of any acts of the new government extending to the inhabitants the rights and privileges of free persons under the English law of condition.'

2

1664. The first local legislation under the English government was that published under the authority of the Duke of York, as proprietor, and known in the history of the colony as "the Duke's Laws." This code was promulgated from East Hampton, in the eastern part of Long Island, which was settled principally by persons of English origin, who had before endeavored to incorporate themselves with the Connecticut colony," and seems to have been modelled after the existing New England codes. It is entitled, "Laws collected out of the several laws now in force in his majestie's American colonies and plantations." It has been published in vol. i. of the Collections of the New York Historical Society, p. 307. It contains, under the caption, Bond Slavery—“ No Christian shall be kept in bond slavery, villenage, or captivity, except such who shall be judged thereunto by authority, or such as willingly have sold or shall sell themselves, in which case a record of such servitude shall be entered in the court of sessions held for the jurisdiction where such masters shall inhabit, provided that nothing in the

The third of the Articles of Capitulation, 1664, Aug. 27, declares, "All people shall still continue free denizens and shall enjoy their lands, houses, goods, wheresoever they are within this country, and dispose of them as they please." See 2 Revised Laws of 1813, Appendix I.

The patent to the Duke, dated March 16, 1664, for the lands lying between the Connecticut and Delaware rivers, granted to him, "his heirs, deputies, agents, commissioners, and assigns," "full and absolute power and authority," &c. So always as the said statutes, ordinances, and proceedings be not contrary to, but, as near as conveniently may be, agreeable to the laws, statutes, and government of this our realm of England."-Leaming and Spicer's Coll. p. 3. A second grant was made in similar terms, in 1674, L. & S. p. 41.

See 2 Hazard's Coll. pp. 7, 18, 173, 248, 434. 1 Thompson's Hist. of Long Island, p. 117-126.

law contained shall be to the prejudice of master or dame who have or shall by any indenture or covenant take apprentices for term of years, or other servants for term of years or life."

Under the caption Capital Laws, art. 7, "If any person forcibly stealeth or carrieth away any mankind he shall be put to death."

Under the caption Fugitives, "Every apprentice and servant that shall depart or absent themselves from their master or dame, without leave first obtained, shall be adjudged by the court to double the time of their such absence, by future service, &c."

Caption, Masters, Servants, and Laborers, among other provisions declares, "If any servant shall run away from their master or dame, or any other inhabitants shall privily convey them away, or upon suspicion of such evil intentions, every justice of the peace," &c., is authorized to pursue such persons.

"No servant, except such as are duly so for life, shall be assigned over to other masters or dames by themselves, their executors, or administrators for above the space of one year, unless for good reasons offered the court of sessions shall otherwise think fit to order."

The word slaves is not used in this collection of laws; servants are distinguished only as being bound for years or for life.'

1683. In this year a local assembly was allowed by the Duke, and a governor sent out by him; an act of this date entitled, An act for naturalizing all those of foreign nations at present inhabiting within this province and professing Christianity, and for encouragement for others to come and settle within the same, (recited in an act of 1715, Bradford's Laws, p. 125,) contains the provision, that "nothing contained in this act is to be construed to discharge or set at liberty any servant, bondman, or slave, but only to have relation to such persons as are free at the making hereof." Under date October 30, is a “charter of the libertys and privileges granted by his Royal Highness to the inhabitants of," &c. "Freemen" are repeatedly

See abstract of this code in 2 Hildr. pp. 44-51.

mentioned herein, but the term is not defined. This charter was probably repealed. See vol. ii. Revised Laws, 1813, app. No. 2.

1691, April 9. Session of the first colonial assembly, whose acts are binding. (Smith's Hist. of N. Y., p. 100.) May 6. An act declaring what are the rights and privileges of their majesties' subjects inhabiting within their province of New York, very similar to the above charter, contains a provision, "that no freeman shall be taken and imprisoned or be disseised of his freehold, or liberty, or free customs," &c., &c.-Bradford's Laws, p. 2-4. This act was repealed by the crown in 1697.Smith's Hist. p. 76, notes; Smith and Livingston's Laws, ed. 1752, p. 5.

1702.1 An act for regulating slaves. (Bradford's L. ed. 1726, vol. i. p. 45.) The captions are: Not lawful to trade with negro slaves, Masters may punish their own slaves. Not above three slaves may meet together. A common whipper to be appointed. A slave not to strike a freeman. Penalty for concealing slaves. If negroes steal, how satisfaction is to be made. Evidence of negroes, how far good. Enacted for one year, but appears to have been revised and continued in force at least until 1726.

1705. An act to prevent the running away of negro slaves,

In 1702 Lord Cornbury was appointed governor of New York and the Jerseys under certain "instructions" from the crown. See Leaming and Spicer's Coll. pp. 619642. Art. 16, provides for the revision of laws. 49. "You are to take care that no man's life, member, freehold, or goods be taken away or harmed in our said province, otherwise than by established and known laws, not repugnant to, but as near as may be, agreeable to the laws of England." 53. Directs a census, mentioning slaves; also, after enjoining encouragement of merchants, and in particular the Royal African Company of England; "And whereas we are willing to recommend unto the said company, that the said province may have a constant and sufficient supply of merchantable negroes at moderate rates, in money or commodities, so you are to take especial care that payment be duly made," &c., "and you are yearly to give unto us and to our commissioners for trade and plantations an account of what number of negroes our said province is yearly supplied with, and at what rates." You shall endeavour to get a law past for the restraining of any inhuman severity, which by ill masters or overseers may be used towards their Christian servants and their slaves, and that provision be made therein that the wilfull killing of Indians and negroes may be punished with death, and that a fit penalty be imposed for the maiming of them." "You are also, with the assistance of the council and assembly, to find out the best means to facilitate and encourage the conversion of negroes and Indians to the Christian religion."

out of the city and county of Albany, to the French at Canada.Bradford's L. p. 60.

1706.—An act to encourage the baptizing of negro, Indian, and mulatto slaves. Bradf. L. p. 65. "Whereas divers of her majesty's good subjects, inhabitants of this colony, now are, and have been willing that such negroe, Indian, and mulatto slaves, who belong to them, and desire the same, should be baptized, but are deterred and hindered therefrom by reason of a groundless opinion that hath spread itself in this colony, that by the baptizing of such negro, Indian, or mulatto slave, they would become free, and ought to be set at liberty. In order therefore to put an end to all such doubts and scruples as have, or hereafter at any time may arise about the same-Be it enacted, &c., that the baptizing of a negro, Indian, or mulatto slave shall not be any cause or reason for the setting them or any of them at liberty.

"And be it, &c., that all and every negro, Indian, mulatto and mestee bastard child and children, who is, are, and shall be born of any negro, Indian, or mestee, shall follow the state and condition of the mother and be esteemed, reputed, taken and adjudged a slave and slaves to all intents and purposes what

soever.

"Provided always, and be it, &c. That no slave whatsoever in this colony, shall at any time be admitted as a witness for or against any freeman in any case, matter or cause, civil or criminal, whatsoever."

1708.-An act for preventing the conspiracy of slaves. Bradf. L. p. 68.

1712.-An act for preventing, suppressing and punishing the conspiracy and insurrection of negroes and other slaves. Bradf. L. p. 81. In addition to the provisions of act of 1702, are more stringent enactments against concealing slaves-their entertainment by free negroes. Enacts that no negro, Indian or mulatto that shall hereafter be made free, "shall hold any land or real estate, but the same shall escheat." Provisions for security on emancipation, for trial of slaves for crimes by two

justices and five freeholders: but may have a jury at the charge of the owner, &c.

1715. An act declaring, &c., and for naturalizing all Protestants of foreign birth, now inhabiting within this colony. Bradf. L., p. 124. Refers to the letters patent to the Duke of York, permitting the introduction of foreigners as colonists; also to the articles of the surrender of the province, relating to the allegiance and rights of the inhabitants, and recites the act of 1683 above-mentioned declares all persons of foreign birth,` being Protestants inhabiting the colony, to be natural subjects and entitled to the privileges of such, makes no exclusion of any.

1716.-An act for explaining and rendering more effectual an act, &c., (the act of 1712 above-mentioned.) Bradf. L., p. 135.

1730.—An act for the more effectual preventing and punishing the conspiracy and insurrection of negroes and other slaves; for the better regulatiug of them, and for repealing the acts therein mentioned relating thereto. Livingston & Smith's Laws, vol. I., p. 193.

1740.-An excise act, Liv. & S., vol. I., p. 281. The first twelve sections relate principally to slaves whose importation is encouraged by the terms of sec. 9.

1753. c. 27.-A similar act. 2 L. & S., p. 21.

1773.-An act to prevent aged and decrepid slaves from becoming burdensome within this colony. Ed. fo. 1774, p. 764, Rev. c. 1508.

1775.-May 22, a Provincial Congress assembles.

$ 225. LEGISLATION OF NEW JERSEY.

1664.-After the acquisition of New York and New Jersey by the English, the earliest local government in the latter colony was founded on the grant of political powers to the Duke of York as proprietor, 1664, by him conveyed in the same year to

1 In 1741-22, a so-called "negro plot" or conspiracy was supposed to have been formed by the slaves in the city of New York; an account of the trial and execution of several negroes accused, was published by Horsmanden.