extent and importance of these acquisitions. The Roman slave was also allowed, by law, to engage in commercial and other contracts, by which, to an extent equal to the value of his peculium, the master was bound.* In this respect, the slave and domesticated son, were similarly circumstanced; and their civil incapacities did not prevent them from exercising, for their own advantage, with the permission of the master or father, or in his right, as factors or agents, all those powers of acquiring and enjoying property, which belonged to persons of free condition. When the son or the slave conducted any general business, on account of the father or master, the contracts of the former in that business, were held obligatory on the latter; but when the peculium only was the basis of credit, the parent or master was bound to apply the peculium to the fulfilment of those contracts. On the other hand, such contracts as were made with the slave or son, might be enforced for his benefit at the suit of the master or parent. So that the Roman slaves frequently conducted mercantile concerns, to considerable extent, to the improvement of their situation, and to the attainment of freedom.

According to the laws of English villenage, the property of the villein might be seized by the lord, though without actual seizure, it did not vest in him, but might be enjoyed or transferred by the villein, and, at his death, transmitted to his representative. But in practice, it was usual for villeins, not only to hold personal property to a considerable amount, but to purchase lands and tenements, and even manors.†

• Stephen, Just. Inst. † Br. M. Tit. Villenage. VOL. I.-2

The records of the judicial proceedings of those days, abound with cases resulting from the acquisition of real estate, by those servile people.+

The villein was liable to chastisement by his lord, but this could be inflicted only in person, and not by deputy. In some cases he could carry on a prosecution against his lord, for injuries received, in which cases he was entitled to enfranchisement. With a wise and merciful correctness of principle, it was held, as law, that the master, whenever, by his misconduct he gave a right of suit against himself, gave also a right to freedom.§

EFFORTS FOR THE SUPPRESSION OF THE AFRICAN SLAVE TRADE-BY THE GOVERNMENT OF THE UNITED STATES.

During the revolutionary struggle, and sometime prior to the declaration of Independence, the delegates in Congress, without being specially empowered, passed and promulgated a resolution," that no slaves should be imported into any part of the confederation."||

The extensive tract of land lying west of Pennsylvania, extending from the river Ohio to the northern boundary of the United States, and westward to the Mississippi, having been ceded to the general government, by the states that claimed it; the Congress of 1787, passed an ordinance, which clearly indicates their judgment, not only of the African slave trade, but of slavery itself. This ordinance was designed, not merely to regulate the concerns of the territory, during its continuance under the ex

Abridg. Br. & Viner & Co. Litt. § Stephen.

Journals of Congress, for 1776.

clusive jurisdiction of Congress, but to form the basis upon which the republican governments, to be formed within its limits, were required to be erected. The 6th article of this ordinance is as follows: "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted." A proviso here follows, respecting the delivery of fugi- || tives from labour, nearly similar to the clause afterwards introduced into the Federal constitution, article 4, section 2. This ordinance, so pregnant with principles proscriptive of slavery, had the unanimous sanction, through the votes of delegates in the old Congress, not only of Virginia, but of the Carolinas and Georgia.

In the convention, which in 1787, formed the Constitution of the United States, the African slave trade became a subject of serious discussion. This traffic had been prohibited by the local legislatures, in nearly all the states of the Union, and the powers vested in the Federal government, clearly included, if not specially reserved, the authority to exclude it altogether from our shores. The delegates from most of the states were anxious for an immediate and total abolition of this disgraceful traffic; but those from South Carolina and Georgia, strenuously contended for its further continuance. A compromise was at length effected, and the following clause inserted in the constitution; "The migration or importation of such persons, as any of the

* This ordinance is referred to, and its ob servance prescribed as an essential condition, in the admission, into the Union, of the States, north of the Ohio, and east of the Mississippi. See the Acts of April 30, 1802, April 19, 1816, and April 18, 1818.

states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person." Though slaves are here obviously alluded to, the term is studiously avoided, and it is no equivocal indication of the sentiments, which the framers of that instrument entertained on the subject of slavery, that the word is no where introduced; but in all the provisions relative to slaves, a substitute for the term is found, in words of more doubtful import, and frequently at the expense of a circumlocution. This circumstance has given rise to an opinion, that the delegates, when they were erecting this monument of their wisdom, expected it to remain, when the slavery, which they were compelled to tolerate, should be known only in the history of ages which were gone. The restriction on the authority of Congress, above recited, appears to have been acceded to, by the delegates from the north, under the persuasion, that South Carolina and Georgia, could not without it, be retained in the Union, and that the power to abolish the slave trade at the end of twenty years, was to be preferred to the risk of its indefinite continuance-in addition to the other evils resulting from a dissolution of the confederation.

An act of Congress, of March 22, 1794, provides, that no citizen of the United States, or any other person residing therein, shall build, or equip any vessel, for the purpose of carrying on the traffic in slaves, to any foreign country, or for the purpose of transporting slaves from one foreign country to another, under the penalty of

the forfeiture of every vessel so employed, and the payment of a fine of two thousand dollars.

By an act of April 7, 1798, in relation to the Mississippi Territory, to which the constitutional restriction did not apply, the introduction of slaves from any place without the limits of the United States, was prohibited, under a penalty of 300 dollars for each slave introduced in violation of the law, and all such slaves were declared free.

By a law of May 10, 1800, the citizens, or residents of the United States, were prohibited from holding any right or property, in vessels employed in the transportation of slaves, from one for- || eign country to another, on pain of forfeiting their right of property; and likewise a fine equal to the double both of that right, and of their interest in the slaves. They were also prohibited, under a penalty, not exceeding 2000 dollars, and imprisonment of not more than two years, from serving on board any vessel employed in transporting slaves from one foreign country to another. The commissioned vessels of the United States were authorised to seize vessels and crews employed in violation of this act.

By an act of February 28, 1803, masters of vessels were forbidden to bring into any port, where the laws of the state prohibited the importation, any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seaman of the United States, or a seaman of countries beyond the Cape of Good Hope, under a penalty of 1000 dollars for every person of colour imported contrary to the provisions of this act; and no ves. sel, having on board persons of the above description, was to be admitted

to an entry; and if any such person should be landed from on board any vessel, the vessel was to be forfeited.

The extensive territory lying on both sides of the Mississippi river, known by the name of Louisiana, having by the convention of the 30th of April, 1803, between the United States and the French Republic, been ceded to the former, the Congress, by an act of March 26, 1804, divided that country into two governments; "the Territory of Orleans," and the District of Louisiana. In the regulations adopted for the government of Orleans, we find the following: "It shall not be lawful for any person to bring into the said territory, from any place without the limits of the United States, or cause to be brought, any slave or slaves; and every person so offending, shall forfeit and pay for every slave imported, the sum of three hundred dollars; and every slave so imported shall receive his or her freedom. It shall not be lawful for any person to bring into the said territory, from any place within the limits of the United States, any slave or slaves, which shall have been imported, since the first day of May, 1798, into any place within the limits of the United States, or which may hereafter be so imported, from any place without the limits of the United States. And every person, so offending, shall forfeit for every slave imported, the sum of 300 dollars. And no slave shall 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 removal, the bona fide owner of such slave; and every slave brought into the territory, contrary to the provisions of this act, shall receive his or her freedom." This

act was to be in force for one year, but, by the act of March 2, 185, appears to have been rendered perma

nent.

This act assumes a degree of importance, which it would not otherwise possess, from the principle which it involves relative to the authority of Congress, to control the migration as well as importation of slaves.

The message of the President, Thomas Jefferson, on the opening of Congress, dated December 2, 1806, contained the following important and philanthropic clause.

"I congratulate you, fellow citizens, on the approach of the period at which you may interpose your authority constitutionally, to withdraw the citizens of the United States from all further participation in those violations of human rights, which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country, have long been eager to proscribe. Although no law you may pass can take the prohibitory effect until the first day of the year 1808, yet the intervening period is not too long to prevent, by timely notice, expeditions which cannot be completed before that day."

In conformity with this suggestion, a law, dated March 2, 1807, was enacted, of which the following is a summary:

Section 1, prescribes, That from and after the 1st day of January, 1808, it shall not be lawful to import into the United States, or territories thereof, from any foreign place or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of, such negro, mulatto, or person of co

lour, as a slave, or to be held to service or labour.

Section 2, protibbits citizens of the United States, and others, from building, equipping, or preparing, any ves sel within the jurisdiction of the United States, or causing any vessel to sail from any place within the same, for the purpose of procuring any negro, &c. from any foreign country, to be imported into the United States, to be held or disposed of as a slave. And every vessel fitted out or employed for this purpose, is, with her tackle and furniture, forfeited to the United States.

Section 3, enacts, that every person who shall build, fit out, or prepare, or send away any vessel, to be employed contrary to the intent of this act, or shall be aiding or abetting therein, shall severally forfeit the sum of twenty thousand dollars; one moiety thereof to the United States, and the other moiety to those who shall prosecute the same to effect.

Section 4, provides, that if any persons resident within the jurisdiction of the United States, shall transport from Africa, or any other foreign country, any negro, &c. for the purpose of selling them, in any place within the jurisdiction of the United States, as slaves,

every person, so offending, shall forfeit five thousand dollars, one moiety thereof to the person who shall prosecute the same to effect. And the ship in which such negro, &c. shall be transported, her tackle and furniture, and the goods and effects found on board, shall be forfeited to the United States. And the slaves thus imported shall be subject to any regulations, not contravening the provisions of this

Negro &c. means in this abridgement, ne gro, mulatto, or person of colour.

act, which the legislatures of the several states or territories, may hereafter make, for disposing of them.

Section 5, provides, that if any person resident within the jurisdiction of the United States, shall take on board of any vessel from Africa, or any other foreign country, any negro, &c. with intent to sell him, her, or them, for a slave or slaves, and shall transport the same to any place within the jurisdiction of the United States, and there sell such negro, &c. so transported, for a slave, every person so offending, shall suffer an imprisonment of not more than ten, nor less than five years, and be fined not more than ten thousand dollars, nor less than one thousand.

Section 6, enacts, that if any persons shall purchase or sell any negro, &c. for a slave, who shall have been imported from any foreign place or country, or from the dominions of any foreign state, adjoining the United States, into any place within the jurisdiction of the United States, after the last of December, 1807, knowing at the time of such purchase or sale, such negro, &c. was so brought within the jurisdiction of the United States, such purchaser and seller shall severally forfeit and pay, for every negro, &c. so purchased or sold, eight hundred dollars. Provided, that this forfeiture shall not extend to the seller or purchaser of any negro, &c. who may be sold in virtue of any regulation to be made by any state legislature, in pursuance of this act, and the constitution of the United States.

Section 7, authorises the President to employ a part of the naval force of the United States, to seize and bring into port, any vessels which may be found within the jurisdictional limits

of the United States, or hovering on the coasts thereof, having on board any negro, &c. for the purpose of selling them as slaves, or with intent to land them, in any place within the jurisdiction of the United States. And the vessels which may be thus found contravening the provisions of this act, are, with their tackle and furniture, and the goods on board, forfeited to the use of the United States. He is authorised to direct the commanders to seize and bring into port, all ships or vessels of the United States, wheresoever found on the high seas, contravening the provisions of this act; and the commanders of the vessels so seized, are subjected to a fine not exceeding ten thousand dollars,and imprisonment not less than two, nor more than four years. One half of the proceeds of vessels, thus seized and condemned, to be distributed among the officers and men, by whom the seizure shall be made; the officers and men being required to keep safely, every negro, &c. found on board the vessels thus taken, and deliver them to the proper authorities, where the vessel may be found or brought.

Section 8, prohibits masters of vessels of less burden than forty tons, from transporting any negro, &c. to any port or place whatever, for the purpose of disposing of them as slaves, on the penalty of eight hundred dollars, for every negro, &c. so transported. Provided that nothing in this section shall prohibit the transportation, on any river or inland bay of the sea, within the jurisdiction of the United States, any negro, &c. (not imported contrary to the provisions of this act) in any vessel or species of craft what

ever.

Section 9, enjoins the master of