resolve, that it be recommended to the legislatures of the several states, to pass laws, making it expressly the duty of the keepers of their gaols, to receive, and safe keep therein, all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in case of prisoners committed under the authority of such states respectively; the United States to pay for the use and keeping of such gaols, at the rate of fifty cents per month, for each prisoner that shall, under their authority, be committed thereto, during the time such prisoner shall therein be committed; and also to support such of said prisoners, as shall be committed for offences: And whereas, the legislature of this state have full confidence, that the congress of the United States will make provision for the support of poor prisoners committed for debt, as otherwise the humanity of the people of this state will be taxed to supply their necessities, which may become expensive and burthensome:

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That the keepers of gaols in the several districts throughout this state, be, and they are required and directed to receive into their several and respective gaols, all such prisoners as shall be committed to such gaols, or any of them respectively, under the authority of the United States; and there to keep in safe custody all such prisoners, which are or shall be so committed, until they shall be discharged by due course of the laws of the United States, under the like penalties as in case of prisoners committed under the authority of this state, and upon the terms expressed in the resolution of congress aforesaid.

And be it enacted by the authority aforesaid, That every sheriff shall provide, at the expense of

the state, a suficient number of blankets for the use of the prisoners confined in their respective gaols; and that every prisoner so confined, on a criminal charge, shall be furnished with at least two blankets during the winter season.

In the Senate House, the twentieth Day of December, in the Year of our Lord one thousand eight hundred, and in the twenty-fifth Year of the Independence of the United States of America.

JOHN WARD, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives.

An ACT to prevent Negro slaves, and other persons of colour, from being brought into or entering this State.

Bite no met su

E it enacted by the honorable the Senate and

ting in general assembly, and by the authority of the same, That it shall not be lawful, at any Negroes, time after the passing of this act, for any person or &c. prohibited from persons to bring into this state, either by land or entering water, (except as is herein after excepted,) any nethis state. gro, mulatto, mustizo, or other slave, or servant

of colour, for sale within this state, or to be kept therein; nor shall it be lawful for any free negro, mulatto or mustizo, any time after the passing of this act, to enter into this state: And every such person of colour as aforesaid, being a slave, or bound to service for a term of years, or free, who shall be sent orbrought into this state, or shall enter or come into the same, contrary to this act, shall and may be apprehended, and taken before a justice of the peace, within the district where he or she shall be so apprehended, by any citizen or free white man, who shall be an inhabitant of such district, to be dealt with as is herein after provided.

And be it enacted by the authority aforesaid, Warrants That it shall and may be lawful for any justice of ed against the peace in this state, to whom information shall offenders. be made on oath by any person or persons, that

to be issu

he or they know, or have reason to believe that any negro, mulatto, or mustizo, slaves, or any negro, mulatto, or mustizo, indented or hired for a term of years, have been, or are about to be introduced or brought into this state, contrary to law, to issue his or their warrant, addressed to any constable; or should he deem it necessary to call an armed force, to any militia officer, as the case may require, directing him, with the corps under his command, to pursue, seize and take all such negroes, mulattoes, and mustizces, together with the white person or persons who may have them in charge, or accompanying them, and lodge the offender or offenders in the nearest gaol to the place where they are so taken: and in case such justice or justices, to whom such information shall be offered, shall not, within twelve hours, issue his or their warrant, he or they shall forfeit and pay the sum of two hundred dollars, to be recovered by suit in any court of record in this state; one half thereof to be paid into the treasury, as a fund for defraying the expenses in putting this act in force, and the other half to the informer, who shall sue for and recover the same; and in which suits the defendants shall not be entitled to an imparlance; and further, it is declared, that such justice or justices, so offending, shall, after indictment and conviction, be disqualified, and shall be rendered incapable of holding any office of profit or trust in this state, for the term of five years after such conviction.

execute

And be it enacted by the authority aforesaid, That it shall and may be lawful for any such officer Officers of of the militia as aforesaid, and he is hereby au- militia to thorized and required, immediately upon receipt the said of such warrant, to assemble the corps under his warrants. command, or such part thereof as he shall deem sufficient for that purpose; and by himself, or such officer under his command as he shall see fit to depute for that purpose, to seize and take every such

Persons

der such

warrants,

pay.

negro, mulatto or mustizo, being a slave or a servant, either indented or hired for a term of years, or free; and also every person accompanying and having charge of such slave or scrvant; and every of them being so taken, to commit, by writing, under the hand of such officer so taking the said persons, to the custody of the keeper of the public gaol of the district wherein the said capture shall take place; and it shall be the duty of every such goaler, in such case, to receive and safe keep every such person in his gaol, till thence delivered by due course of law. And it shall be lawful for every such officer of militia, and also for those persons who shall act immediately under the command of such officer, and in conformity to the authority hereby vested in such officer, in case resistance shall be made by any such slave or servant as aforesaid, or by any person accompanying and having charge of such slave or servant, to the authority of such officer, in enforcing the observance of this act, and in the lawful exercise of the duties required by the same, to employ force to overcome such resistance, and if need be, to attack, wound and kill any person who shall resist, as aforesaid, or any person who shall aid and assist therein, as in cases of invasion, rebellion or insurrection.

And be it enacted by the authority aforesaid, That every such officer, and every person acting acting un- under his command, according to this act, shall be entitled to the same pay and rations, and be entitled to subject to the same rules of military discipline, and to the same penalties, that every such officer or person would be entitled and subject to, in case of his being in actual service, by virtue of the acts of the general assembly of this state, in regard to the militia. And in case any such officer to whom any such warrant as aforesaid, shall be directed and delivered, shall refuse, or wilfully neglect to proceed to execute the same, within six

hours after the warrant shall be delivered to him, he shall, for every such refusal or neglect, be liable to a trial by a court-martial, and upon conviction thereof by such court, shall be cashiered, and shall be incapable of holding any office of profit or trust in this state for the term of five years after the sentence of said court-martial.

slaves.

ceeds,

And be it enacted by the authority aforesaid, That it shall and may be lawful for the sheriff of Sheriff's the district, within the gaol of which any such may sell slave or servant as aforesaid, shall be confined as aforesaid, after it shall be established by the verdict of a jury, as herein after is provided, that such slave or servant has been brought into this -state contrary to this act, to sell any such slave or slaves, or servants, at the usual place, and at one of the usual times appointed by law for selling property at sheriff's sales within his district, after giving due and sufficient legal notice of such intended sale, for one month at least previously to the same; and after deducting and paying to those Neat prowho shall be entitled thereto, all the lawful fees, charges, and reasonable expenses incurred by such taking up, commitment, safe keeping, and maintenance of every such slave or servant, the residue of the proceeds of such sale to be divided and distributed to and among the following persons, in the proportion following, that is to say: To the informer or informers, one half of the neat proceeds aforesaid; and the remaining half of said neat proceeds shall be apportioned and divided among the officers, non-commissioned officers, and privates, composing the party by whom such slave or servant, so to be sold, was taken and committed, agreeably to their respective rates of pay, when engaged in actual service.

how to be

applied.

tent wit

And be it enacted by the authority aforesaid, Informer That it shall be lawful for the informer or inform- a compeers under this act, to give evidence to support ness. such information; and every such informer is here