whom he shall grant such certificate or warrant of removal, together with the evidence and the name of places of residence of the witnesses, and the party claiming such negro or mulatto, and shall within ten days thereafter, file a certified copy thereof, in the office of the clerk of the court of general quarter sessions of the peace, or mayor's court of the city or county in which he may reside."

But, notwithstanding the tendency of these regulations, is to throw around the person claimed as a fugitive slave, a much greater security than he before possessed, yet since, by the decision of the Supreme Court of the state, the certificate of the judge, &c. is to be regarded as conclusive evidence of a right in the individual to whom it is granted, to remove his captive to a land where his very colour is his condemnation, it is manifest, that even in Pennsylvania, great injustice to coloured persons may still be perpetrated with impunity. But in those states, where a justice of the peace, with, perhaps, no other knowledge of jurisprudence than the almost boundless extent of his powers, and no regard for his reputation, except what the dread of punishment may inspire, sits, if he so please, in the privacy of his chamber, the sole arbiter of the law and the fact, who will say, that manstealing may not be prosecuted under the panoply of the law?

CHAPTER IV.

OF THE JURISDICTION OF THE FEDERAL GOVERNMENT OVER THE TERRITORIES NOT YET FORMED INTO STATES.

By several treaties with foreign powers, and by cessions from many of the original states of the confederacy, the Federal Government has, at different times, acquired lawful and peaceable possession of a vast extent of country, much of which is not yet formed into states, but is known by the name of Territories. Over these Territories, the Federal Government is expressly authorized by the constitution, to exercise entire jurisdiction. The provision alluded to, of the constitution, is this: "Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States." Art. 4, § 3. Unless, therefore, the treaties and acts of cession impose conditions, the authority of the Federal Government over the Territories, is without limit. And such is not only the plain intent, but has been the uniform construction of this article of the constitution.

The territory north west of the river Ohio, was ceded, happily, upon the condition, that slavery should not be permitted there! On the contrary, the deed of cession of the territory south of the same river, forming at this time the state of Tennessee, made it imperative on Congress to tolerate it within the limits of that cession. The treaties by which the Federal Government derive title to Louisiana and the Floridas, contain no provision on the subject.

With respect to Louisiana, previous to the formation of a state out of a part of its territory, it was competent to the United States to have annihilated the institution of slavery within the whole of its extensive borders. It is competent for her now to do so, as to those portions which are not comprised within the

bounds of the two states have been created out of it. It is hardly necessary to apply this remark specifically to the Floridas: they are, obviously, in a similar predicament.

The abolition of slavery in her territories, has not been attempted by the Federal Government. But highly important regulations have been made by Congress, on a point not very remotely allied to that subject. On the 7th of April 1798, an act was passed by this body, "Authorizing the establishment of a government in the Mississippi Territory;" the seventh section of which provides, "That after the establishment of the aforesaid government, it shall not be lawful for any person or persons to import or bring into the said Mississippi Territory, from any port or place without the limits of the United States, or to cause or procure to be so imported, &c. or knowingly to aid or assist in so importing, &c. any slave or slaves, and that every person so offending, &c. shall forfeit, &c. for each and every slave so imported, &c. the sum of three hundred dollars, &c. and that every slave so imported, &c. shall thereupon become entitled to and receive his or her freedom. See acts of the 2nd session of the 5th Congress, chap. 45. This section is incorporated without the least variation, except as to the name of the territory, into the act of Congress passed March 26, 1804, entitled, "An act erecting Louisiana into two territories, and providing for the temporary government thereof,” with supplementary regulations, prohibiting, in the first place, under an equal penalty, the introduction into Louisiana Territory, "from any port or place within the limits of the United States, &c. any slave or slaves which had been imported since the first of May, 1798, into any port or place within the limits of the United States, or which should be imported thereafter from any port or place without the limits of the United States,' and concluding in this manner: "And no slave or slaves shall directly or indirectly be introduced into said territory, except by a citizen of the United States removing into said territory for actual settlement, and being at the time of such removal bona fide owner of such slave or slaves, and every slave imported or brought into the said territory, contrary to the provisions of this act, shall, thereupon, be entitled to and receive his or her

freedom." Acts of the 1st session of the 8th Congress, chap. 38, § 10.

This act does honour to the illustrious body from which it proceeded. In practice, however, its benefits were of much less value than one, not fully conversant with the mode in which the DOMESTIC slave trade is prosecuted, would be led to infer. A prohibition on this subject, to be effectual, should be ABSOLUTE AND WITHOUT ANY EXCEPTION. Actual settlers and bona fide owners may protect this traffic to an extent adequate to the demand, without incurring a risk at all commensurate with the probable gain.

But the act is of great moment, as a precedent to Congress, in regard to the Missouri, the Arkansas, and Florida Territories. The defects which have been suggested, may be easily supplied. Let the introduction of slaves into these territories, be, without delay, WHOLLY FORBIDDEN. Humanity and religion, the character of our country-the true interests as well of the slave-holding, as of the non-slave-holding states, demand this to be done.

23

NOTE TO PAGES 111-12.

The form in which it was found convenient to print the table inserted on the above pages, prevented the following note from being added in its proper place.

In forming this table, a difficulty has been experienced, of which the reader should be apprised. The Revised Code of Mississippi was prepared chiefly in 1821 and 1822, by Governor Poindexter, under the authority of an appointment for this purpose, by the legislature. The excellence of its execution, evinces that much time and study were bestowed upon it. I am, nevertheless, not able to learn to my entire satisfaction, either from the code or from the constitution of the state, whether or not, the common law or any part of it, is recognized there. It is declared in the constitution, that, "all laws and parts of laws now in force in the Mississippi territory, and not repugnant to the provisions of this constitution, shall continue and remain in force as the laws of this state, until they expire by their own limitation, or shall be altered or repealed by the legislature thereof." The expressions "parts of laws," and, "expiring by their own limitation," seem to refer exclusively to statutes and not to the common law.-The Revised Code, is a collection of public statutes, and is so expressly denominated. It contains no statute which adopts the common law or any portion of it. I incline, therefore, to the opinion, that it is not in force there. Feeling, however, some hesitancy, I have not ventured to speak peremptorily on this point, but have stated in the table, in many instances, under the head of "punishment of white persons," "not provided for by statute;" which implies, according to the view which I have taken, that white persons are not at all punishable for any of these offences. Some, indeed, are not offences by the common law. -The same remark, "not provided for by statute," might with propriety have been noted in reference to the punishment of white persons, for offences, Nos. 20, 21, 22, 23, 25, 26, and 27, instead of that which I have given, i. e. "a fine not exceeding 300 dollars, and may at the discretion of the court, receive 39 lashes." For this is the punishment assigned for a crime somewhat different, namely, misprision or concealment of the felonies mentioned.