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Re: Southern Emancipation/ Pre-Civil War

The repeals are more fun than the laws. There are too many to post. But here is a sample.

Georgia

1816.—A penal code. Div. 5, sec. 17. " Killing a slave in the act of revolt, or when said slave resists legal arrest, shall be justifiable homicide." 18. " In all cases the killing or maiming a slave or person of color shall be put upon the same footing of criminality as the killing or maiming a white man or citizen." Lamar's Compil. pp. 568,616, (Code of 1833, Div. 4, sec. 18; Cobb'e D. 785.) Div. 7, sec. 32, 34. Against stealing and removing slaves. Div. 12, sec. 33. Bringing in slaves from other States, except by immigrants, declared a misdemeanor. (This appears to be the first prohibition. It was REPEALED in 1824; revived in 1829; modified in 1836; again REPEALED 1841; revived again 1842. By 1849-50, sec. 176, it was again REPEALED and all offenders relieved from prior transgressions. Cobb's Dig. 1001, note.) Sec. 34-37. Punishment for harboring, &c., for beating &c., slaves, by any but the master; owners punishable for cruelty, on indictment, by fine and imprisonment. See Lamar's Compil. By an act of 1817, if a slave, under the coercion of one who exercises authority over him, commits a crime not punishable with death if committed by a white, the person who so compelled him shall be punished. Ibid. p. 612.

1849, 1850.—An act removing all restriction on the importation of slaves, and requiring corporations of towns to establish marts for their sale. Cobb's Dig. 1018. The leading section of this act was REPEALED by act of Jan. 22, 1852, An. L. p. 263, and this act again REPEALED by act of March 4, 1S56, An. L. p. 271, and the act of 1849 revived.

Florida

1832, Jan. 23.—An act concerning marriages, &c. Declares it unlawful.for any white to intermarry or live in a state of adultery or fornication with any negro, mulatto, quadroon,or other colored person. Thompson's Dig. 511. . An act to provide for the collection of judgments against free negroes, &c. Ann. L. p. 32. Enacts that they shall be sold as servants for time. REPEALED Jan. 21,1834, Ann. L. p. 35, but revived by act of Feb. 4, 1835. Thompson's Dig. 545.

1836.—An act respecting the hostile negroes and mulattoes in the Seminole nation. Ann. Laws, p. 13. Provides for the sale of such, when captured, as prizes, &c., and for the outlawry of whites and blacks found in arms with the Indians. REPEALED by act, Jan. 14, 1837. (For the foregoing laws see Duval's Compilation, ed. 1840.)

Alabama

1827, Jan. 13. An act to prohibit the importation of slaves for sale or hire. Citizens of the State may purchase for their own use. This act is REPEALED by act of Jan. 22, 1829. An. L. p. 63.

Ohio

1857.—An act to prohibit the confinement of fugitives from slavery in the jails of Ohio. 54 O. L. p. 170; REPEALED 1858, see 55 O. L. p. 10, and an act of 1859, Oh. L. vol. 54, p. 158, requires State jailers to receive all persons committed by the authority of the United States.

54 O.L. 18C. Enacts that a person bringing another into the State with the intent " to hold or control, or who shall hold or control, or shall assist in holding or controlling, directly or indirectly, within this State, any other person as a slave," shall be deemed guilty of false imprisonment, and be punishable by fine and imprisonment, " and every person coming within this State, otherwise than as a person held to service in another State, under the laws thereof, and escaping into this State, shall be deemed and held in all courts as absolutely free. 2. Penalty for seizing such person as a fugitive slave. 3. Penalty for kidnapping. 4. " Nothing in the preceding sections of this act shall apply to any act done by any person under the authority of the Constitution of the United States, or of any law of the United States made in pursuance thereof." Repealed in 1858; see 55 Oh. L. p. 19.

Oregon

1849, Sept. 26. " An act to prevent negroes and mulattoes from coming to or residing in Oregon." Preamble: " Whereas, situated as the people of Oregon are, in the midst of an Indian population, it would be highly dangerous to allow free negroes and mulattoes to reside in the Territory, or to intermix with the Indians, instilling into their minds feelings of hostility to the white race." Sec. 1. " That it shall not be lawful for any negro or mulatto to come into or reside within the limits of this Territory "—not to apply to resident negroes &c., or their offspring. 2. Regulations respecting negroes, &c., arriving in vessels. 6. Powers of judges and justices of the peace.

1854, Jan. 30. The above REPEALED. See Stats, of Or. (1855), p. 551. Ib. p. 130. Negroes, mulattoes, and Indians, or persons of one half or more of Indian blood, in an action or proceeding to which a white person is a party, shall not be competent to testify.

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David Upton

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Southern Emancipation/ Pre-Civil War
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Re: Southern Emancipation/Pre-Civil War