TEXTS FROM STATUTES
1643
Source: Yale University, The Avalon Project - The Articles of Confederation of the United Colonies of New England
Articles of Confederation of the United Colonies of New England
“8. It is also agreed that the Commissioners for this Confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein all the Plantations are interested, for preserving of peace among themselves, for preventing as much as may be all occasion of war or differences with others, as about the free and speedy passage of justice in every Jurisdiction, to all the Confederates equally as to their own, receiving those that remove from one Plantation to another without due certificate, how all the Jurisdictions may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaction, lest war break in upon the Confederates through such miscarriages. It is also agreed that if any servant run away from his master into any other of these confederated Jurisdictions, that in such case, upon the certificate of one magistrate in the Jurisdiction out of which the said servant fled, or upon other due proof; the said servant shall be delivered, either to his master, or any other that pursues and brings such certificate or proof. And that upon the escape of any prisoner whatsoever, or fugitive for any criminal cause, whether breaking prison, or getting from the officer, or otherwise escaping, upon the certificate of two magistrates of the Jurisdiction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, the magistrates, or some of them of that Jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hands of the officer or other person who pursues him. And if there be help required, for the safe returning of any such offender, then it shall be granted to him that craves the same, he paying the charges thereof.”
1650
Source: Samuel M. Smucker (Editor), Blue Laws of Connecticut: A Collection of the Earliest Statutes and Judicial Proceedings of That Colony; Being an Exhibition of the Rigorous Morals and Legislation of the Puritans 101-110 (1861).
The Code of 1650 Indians
It is ordered and decreed, That where any company of indians doe sitt downe near any English plantations, that they shall declare who is theire Sachem or Cheife, and that the said Cheife or Sachem shall pay to the said English, such tresspasses as shall bee committed by any indian, in the said plantation adjoining, either by spoiling or killing any cattle or swyne, either with trapps, doggs or arrows; and they are not to plead, that is was done by strangers, unless they can produce the party, and deliver him or his goods not the custody of the English; and they shall pay the double damage, if it were done voluntarily. The like engagement this court also makes to them, in case of wrong or injurye done to them by the English; which shall bee paid by the party by whom it was done, if he can bee made to appear; or otherwise, by the towne in whose limmits such facts are committed.
Fforasmuch, as our lenity and gentleness towards indians, hath made them growe bold and insolent to enter into English mens horses and unadvisedly handle swords, and peedes, and other instruments, many times to the hazard of limbs or lives of English or indians; and allso, oft steele diverse goods out ot such houses where they resorte, for the preventing whereof;
It is ordered, That whatsoever indian shall hereafter, meddle with, or handle any English mans weapons of any sorte, either in theire howses, or in the fails, they shall forfeit for every such defaulte, halfe a fathom of wampum; and if any hurte or injury shall thereupon follow to any persons life or limbe, though accidentall, they shall pay life for life, limbe for limbe, wound for wound; and shall pay for the healing of such wounds, and other dammages; And for any things they steele, they shall pay double, and suffer such further punnishment as the magistrates shall adjudge them. The constable of any towne may attache and arrest any indian that shall transsgress in any such kinde aforementioned, and bring them before some magistrate, who may execute the penalty of this order uppon offenders in any kinde, except life or limbe; and any person that doth see such defaults, may prosecute, and shall have halfe the forfeiture.
It is ordered by this courte, and authority thereof, That no man within this jurisdiction, dhall directly, or indirectly, amend, repair, or cause to be amended or repared, any gunn, shall or great, belonging to any indian, nor shall indeavor the same, nor shall sell nor give to any indian, directly nor indirectly, any such gunn, nor any gunpowder or shott, or lead, or shott mould, or any military weapon or weapons, armor, or arrowe heads, nor shall sell nor barter, nor give any dogg or doggs, small or great, upon paine of ten pounds fyne for every offence, at least, in any one of the aforementioned particulars; and the court shall have poser to increase the fyne, or to impose corporal punishment, where a fyne cannott be had, at theire discretion.
And it is allso ordered, That no person nor persons shall trade with them, at, or about theire wigwams, but in their vessels or pinnaces, or at their wone houses, on penalty of twenty shillings for each default.
Whereas it doth appear, that notwithstanding the former lawes make against selling gunns and powder, to indians, they are yet supplied by indirect means;
It is therefore ordered and decreed, That if any person, after publishing of this order, shall sell, barter, or transporte any gunns, powder, bullitts or lead, to any person inhabiting out of this jurisdiction, without license of this courte, or from some two magistrates, hee shall forfeit for every gunn, then pounds: for every pound of gun powder, five pounds; for every pound of bullitts, or lead, forty shillings; and so proportionably, for any greater or lesser quantity; provided notwithstanding, that is left to the judgement of the courte, that where any offence is committed against the said order, either to aggravate or lessen the penalty, accordingly as the nature of the offence shall require.
Whereas diverse persons departe from amongst us, and take up their abode with the indians, in a prophane course of life for the preventing whereof;
It is ordered, That whatsoever person or persons, that now-inhabiteth, or shall inhabitt within this jurisdiction, and shall departe from us, and settle or joyne with the indians, that they shall suffer three years imprisonment, at least, in the howse of correction; and undergo such further censure, by byne or corporal punishment, as the perticular courte shall judge meete to inflict in such cases.
Whereas the ffrench, Dutch, and other forraigne nations doe ordinarily trade gunns, powder, shott, etc. with the indians, to our great prejudice, and the strengthening and animating of the indians against us, as by dayly experiences we finde; and whereas the aforesaid ffrench, Dutch, etc. doe prohibit all trade with the indians, within their respective jurissdictions, under penalty of confiscation;
It is therefore, hereby ordered by this courte and authority thereof, That after due publication hereof, it shall not bee lawful for any ffrenchmen, Dutchmen, or person of any other forraigne nation, or any English living amongst them, or under the government of them, or any of them, to trade with any indian or indians, within the limmits of this jurisdiction, either directly or indirectly, by themselves or others, under penalty of confiscation of all such goods and vessels, as shall bee found so trading, or the due value thereof, upon just proofe made of any goods, of any vessells so trading or traded: And it shall bee lawful for any person or persons inhabiting within this jurisdiction, to make seizure of any such goods or vessells trading with the indians, as by this law is prohibited, the one halfe whereof shall bee to the propper use and benefit of the parye seizing, and the other to the publique.
This courte judging it necessary that some means should bee used to convey the light and knowledge of God and his worde to the indians and natives amongst us, doe order, that one of the teaching elders of the churches in this jurissdiction, with the helpe of Thomas Staunton, shall be desired, twice, at least, in every years, to goe amongst the neighbouring indians, and indeavour to make knowne to them, the councells of the Lord, and thereby to draw and stirr them up; to direct and order all their wayes and conversations, according to the rule of his worde; and Mr. Governor, and Mr. Deputy, and the other magistrates, are desired to take care and see the thinge attended, and with their owne presence, so farre as may bee convenient, incourage the same.
This courte having duly weighted the joint determination and agreement of the commissioners of the United English colonies, at New-Haven, of Anno 1646, in reference to the indians, and judging it to bee both according to rules of prudence and righteousness, doe fully assent thereunto, and order that it bee recorded amongst the acts of this courte, and attended in future practice, as occasions may present and require; The said conclusion is as follows:
The commissioners seriously considering the many willful wrongs and hostile practices of the indians, against the English, together with their interteining, protecting and rescuing of offenders, as late our experiences sheweth, which, if suffered, the peace of the colonyes cannot bee secured;
It is therefore concluded, that in such case, the magistrates of any of the jurissdictions, may, at the charge of the plaintiff, send some convenient strength of English, and according to the nature and value of the offence and dammage, seize and bring away any of that plantation of indians that shall intertwine, protect or rescue the offendor, though hee should bee in another jurissdiction, when through distance of place, commission or direction cannot bee had, after notice and due warning given them, as actors, or at least, accessary to the injurye and damage done to the English; onely women and children to bee sparingly seized, unless knowne to bee someway guilty; and because it will be chargeable keeping indians in prison, and if they should escape, they are like to prove more insolent and dangerous after. It was thought fitt, that uppon such seizure, the delinquent, or satisfaction bee again demanded of the Sagamore, or plantation of indians guilty, or accessary, as before; and if it bee denyed, that then the magistrates of this jurissdiction, deliver up the indian seized by the partye or partyes endammaged, either to serve, or to be shipped out and exchanged for neagers, as the case will justly beare; and though the comissioners foresee, that said severe, though just proceeding may provoke the indians to an unjust seizing of some of ours, yet they could not, at present, find no better means to preserve the peace of the colonyes; all the aforementioned outrages and insolences tending to an open warr; onely they thought fitt, that before any such seizure bee made in any plantation of indians, the ensuing declaration bee published, and a coppye given to the perticular Saggamores.
The commissioners for the United Colonyes considering bow peace with righteousness may bee preserved betwixt all the English, and the severall plantations of the indians, thought fitt to declare and publish, as they will doe no injurye to them, so if any indian or indians of what plantation soever, doe any willfull dammage to any of the English colonyes, uppon proofe, they will in a peaceable way, require just satisfaction, according to the nature of the offence and dammage; but if any Saggamore or plantation of indians, after notice and due warninge, interteine, hyde, protect, keepe, convey away, or further the escape of any such offendor or offendors, the English will require satisfaction of such indian and Saggamore, or indian plantation; and if they deny it, they wil right themselves as they may, uppon such as so meinteine them that doe the wrong, keeping peace and all termes of amity and agreement with all other indians.
Second half of 17th century
Source: Acts and Laws, of His Majesties Colony of Connecticut in New-England: Passed by the General Assembly, May 1716 to May 1749 (1919), page 291
An Act to prevent the Disorder of Negro and Indian-Servants and Slaves,
in the Night-season.
Be it enacted by the Governour, Council and Representatives, in General Court Assembled, and by the Authority of the same, That from and after the Publication of this Act, if any Negro or Indian-Servant or Slave, shall be found Abroad from home in the Night-season after Nine of the Clock, without special Order from his or their Master or Mistress, it shall be lawful for any person or persons, to Apprehend and Secure such Negro or Indian-Servant or Slave so offending, and him or them bring before the next Assistant or Justice of Peace, which Assitant or Justice of Peace, shall have full Power to pass Sentence upon such Negro or Indian-Servant or Slave so offending, and order him or them to be publickly Whipp’d on his or their naked Body, not exceeding Ten Stripes, and pay Cost of Court; Except his or their Master or Mistress shall Redeem them by paying a Fine not exceeding Twenty Shillings.
And it is hereby Enacted by the Authorized aforesaid, That if any fuch Negro or Indian-Servant or Slave as abovesaid, shall have Entertainment in any House after Nine of the Clock as aforesaid, Except to do any Business they may be sent upon, the head of the Family that Entertaineth or Tolerates them in his or their house or any the dependences thereof, and being Convicted thereof before any of Assitant or Justice of the Peace, who shall have Power to Hear and Determine the same, shall Forfeit the Sum of Twenty Shillings, one half to the Complainer, and the other half to the Treasury of the Town where the offence is Committed; Any Law or Usage to the contrary nothwithstanding. And that it shall be the Duty of the several Grand-jurors, and Constables, and Tything-men, to make diligent Enquiry into and Present all Breaches of this Act.
18th century
Source: Acts and Laws of the State of Connecticut in America (1784), page 180, 181
An Act to prevent unseasonable Night-walking; and for punishing Disorders committed in the Night-season.
Be it enacted by the Governour, Council and Representatives, in General Court Assembled, and by the Authority of the same, That if any Persons that are under the Government of Parents, Guardians or Masters; or any Boarders or Sojourners shall convene or meet together, or be entertained in any House, without the consent or appropriation of their Parents, Guardians, Masters or Governors, after nine of the Clock at Night, any longer than to discharge the Business they are sent about; or shall meet together and associate themselves in Company or Companies in Streets or elsewhere, after the Time aforesaid; or shall make any Rout, or commit any Disorder at any Time in the Night-season, each Person so Offending shall forfeit Six Shillings for such Offence. And the Head of the Family that entertains or tolerates such disorderly Meeting in his or her House, shall forfeit the like Sum; one Half of which Forteitures shall be the Complainer, the other Half to the Treasury of the Town where the Offence is committed.
Late 17th century
Source: Acts and Laws of His Majesties Colony of Connecticut in New England (1702), First Reissued (1901), page 85
An Act to prevent the Running away of Indian and Negro Servants.
Be it Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That whatever Negro or Indian Servant or Servants shall at any time after the publication hereof, be found wantdering out of the Town bounds, or place to which they belong, without a ticket or pass in writing under the hand of some Assistant or Justice of Peace, or under the Hand of the Master or Owner of such Negro or Indian Servant or Servants, shall be deemed and accounted to be Runaways, and every person Inhabiting in this Colony, finding or meeting with any such Negro or Indian Servant or Servants, not having a Ticket as aforesaid, is hereby Impowred to seiz and secure him or them, and bring him or them before the next Authority, to be Examined, and returned to his or their Master or Woner, who shall satisfie the Charge accruing thereby, and all Ferry-men within this Colony are hereby required, not to suffer any Indian or Negro Servant, without Certificate as aforesaid, to pass over their respective Ferrys, by assisting of them therein directly or indirectly, on penalty of paying a find of Twenty Shillings for every such offence to the County Treasurey, to be levied on their Estates upon Non-payment, by Warrant from any one Assistant or Justice of Peace, and the like methods shall or may be used and observed as to vagrant or suspected persons, found wantering from Town to Town, having no Certificate as aforesaid, who shall be seized and conveyed before the next Authority, to be Examined and disposed of according to Law: And if any free Negroes shall travell without such Certificate or Pass, and be stopped, seized or taken up, they shall pay all Charges arising thereby.
1702 or 1711
Source: T. R. Davis, Negro Servitude in the United States: Servitude Distinguished from Slavery, Journal of Negro History 247-66 (1923), page 266
An Act relating to Slavery
“An act relating to slaves, and such in particular as shall happen to become servants for life, enacts that all slaves set at liberty by their owners, and all negro, mulatto, and Spanish Indians, who are servants to masters for time, in case they shall come to want after they shall be so set at liberty or the time of their service be expired, they shall be relieved at the cost of their master”
First half of 18th century
Source: Acts and Laws of the State of Connecticut in America (1805), pages 293-294
An Act relating to Masters, and Servants or Apprentices
Part 1. Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That no Man that is neither married, not hath any Children, nor Servant, nor is a public Officer, shall keep House of himself, without the Consent of the Town where he lives, under Penalty of Three Dollars and Thirty-four Cents per Week.
2. That no Person under the Government of a Parent, Guardian or Master shall be capable to make any Contract or Bargain, which in the Law shall be accounted valid, unless the faid Person be authorized or allowed so to Contract or Bargain, by his or her Parent, Guardian or Master; in which Case such Parent, Guardian or Master shall be bound thereby.
3. That no Servant Man or Maid, shall either give, buy, fell or exchange any Commodity whatsoever, without Licence from their Master, during the Time of their Service, under Pain of Fine or corporal Punishment, as the Offence shall deserve, by the Judgment of the Court.
4. And whereas from stubborn, refractory and discontented Servants and Apprentices, do sometimes withdraw themselves from their Masters Service:
Be it therefore further enacted, That whatsoever Servants or Apprentices of fifteen Years of Age, or upwards, shall unjustly offend in that Kind, by withdrawing or absconding from their Master’s Service, before their Covenants or Term of Service are expired, they shall serve their Masters the treble Term, or threefold the Time of their Absence in such Manner.
5. And when any Servant, Servants or Apprentices shall run from their Masters, it shall be lawful for the next Assistant or Justice of the Peace, or Constable, and thwo of the chief Inhabitants in such Town where no Assistant or Justice is, to press Men and Boats, (if Occasion be) at the Masters Request and Charge, to pursue such Servants and Apprentices, by Sea or Land, and to bring them back by Force.
6. That if any Servant or Apprentice shall flee from the Tyranny or Cruelty of his or her Master, to the House of any Inhabitant of the same Town whereto he or she belongs, such Servant or Apprentice shall be there protected and sustained till due Order be taken for his or her Relief.
7. Provided, Due Notice thereof be forthwith given to his or her Master, and to the next Assistant or Justice of the Peace; Which Authority shall cause said Master and Servant, or Apprentice, to come before him, and shall reconcile them if he can; but if not, may, according to his Discretion, bind over the said Master to the next County Court; and also bind over said Servant or Apprentice to said Court, or give Orders for his or her safe Custody in the mean Time, and for his or her Appearance before said Court: Which Court on hearing the Matter may upon Default found in the Master, discharge such Servant or Apprentice from his or her Indenture and Service.
8. And if Default be found in the Servant or Apprentice, may inflict such proper Punishment upon him or her, as the said Court in their Discretion thall think fit.
Late 17th to early 18th century
Source: Acts and Laws of the State of Connecticut in America (1805), pages 336-337
An Act against breaking the Peace
1. Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That whosoever shall, or break the Peace, by tumultous, and offensive Carriages, thretning, traducing, quarelling, challenging, assaulting, beating, or striking any other Person, such Person or Persons so offending, shall be liable to pay to the Party hurt of stricken, just Damages; and also shall pay such Fine, as on Consideration of the Party smiting, or been smitten, and with what Instrument, Danger, more or less, Time, Place, and Provocation shall be judged just and reasonable, according to the Merit of the Offence, as the Judge shall determine.
2. And if such Offence be aggravated by some notorious and high-handed Violences, the Offender or Offenders shall be bound over to the next County Court, to answer for such Offence.
3. And whereas Indian, Negro and Molatto Servants and Slaves are very apt to be Tubulent, and often to be quarreling with white People, to the great Disturbance of the Peace.
Be it therefore further enacted, That if any Indian, Negro or Molatto Servant or Slave, shall disturb the Peace as aforesaid, or shall offer to strike any white Person, and be thereof convicted, such Servant or Slave shall be punished by Whipping, at the Discretion of the Court, Assitant or Justice that shall have Cognizance thereof; not exceeding thirty Stripes for one Offence.
4. And that effectual Means may be used for the preserving and promoting of the peaceable Behaviour and good Conversation of the People in this State, and for preventing and suppressing what is contrary thereto;
Be it further enacted, That the Surety of the Peace or good Behaviour, as the Merit of the Case shall require, may, and shall be granted by any Assistant or Justice of the Peace in this State, against all and every such Person and Persons as by threatning Words, turbulent Behaviour, or actual Violence, or by any other unlawful Action shall terrify or disquiet any of the good People of this State: and also against common Barrators, who frequently stir up and maintain Suits at Law in Courts, or Quarrels and Parties in the Country; as also against such as invent and sow false Reports, whereby Discord ariseth, or may arise among Neighbours; also against such as are of evil Name or Fame, generally, for maintaining or resorting to Houses suspected to be Houses of Bawdry and Incontinency; also against Night-walkers, that be of evil Name or Report generally; or such as eve-drop Men’s Houses, or cast Men’s Carts into Ponds; or commit other such like Misdemeanors, Outrages or Disorders in the Night Season; also against idle Persons, Drunkards, Libellers, and against such like Offenders.
5. And if any such Person or Persons shall refuse to give Security for the Peace, or good Behaviour, it shall be in the Power of any one Assistant or Justice of the Peace, to commit such Person or Persons to the common Gaol, there to remain till delivered according to Order of Law.
6. Be it further enacted, That if any Person shall abuse any Magistrate, or Justice of the Peace, or resist or abuse any Sheriff, Constable, or other Officer in the Execution of his Office, such Person or Persons shall find Sureties for the Peace and good Behaviour until the next County Court in that County; or on Refusal may be committed to the common Gaol, there to remain until the next County Court; which Court shall take Cognizance of the Wrongs and Abuses done to such Officer or Officers, by such Offender or Offenders; and lay such Penalty upon him or them (he or they being thereof legally convicted) as the Merit of the Offence shall deserve, appearing by the Circumstances of the same, not exceeding Thirty-four Dollars.
7. And for the detecting and punishing of secret Assaults:
Be it therefore enacted, That if any Person shall break the Peace by secretly assaulting, beating, maiming, wounding or hurting another, the Person so assaulted and injured, making Application and Complaint to the next Assistant or Justice of the Peace, shewing him what Hurt or Wounds he has received thereby; such Assistant or Justice shall forthwith grant out a Writ to the Sheriff of the County, or his Deputy, or Constable of the Town where such Assault shall be made, commanding them, or either of them, to arrest and bring before him such Person so assaulting, to answer such Complaint; who upon Oath being made against him of such Assault, and of the Wounds or Bruises thereby received by the Person assaulted and beaten, shall be bound in a sufficient Bond with Sureties for his Appearance at the next County Court in that County, to answer to the Complaint aforesaid: And in Case of Refusal to become bound as aforesaid, such Person complained of shall be committed to the common Gaol of the County, there to remain till the next Sessions of the said County Court.
8. And if the Person so bound or committed, shall not on Trial of the Case satisfy the Court that he was at some other Place at the Time the said Assault was made, and was not the Person who gave it, he shall be adjudged guilty; and shall be sentenced to pay the Person assaulted and injured, all such Damages as he shall have sustained by such Assault and Beating; or in Case said Damages cannot then be computed, the Offender shall give Bond with sufficient Surety or Sureties to pay all such Damages as shall be afterwards awarded by said Court at some other Sessions to which the Case shall be continued; together with Costs of Prosecution; and also to pay the Treasurer of the County such Fine as the said Court shall order; not exceeding the Sum of Sixty-seven Dollars, and sland committed till such Sentence is performed.
1730
Source: Connecticut Acts and laws, of his Majesties Colony of Connecticut in New-England: Passed by the General Assembly, May 1716 to May 1749, (1919), page 375
An Act for the Punishment of Negro, Indian and Molatto Slaves,
for speaking Defamatory Words
Be it Enacted by the Governour, Council and Representatives, in General Court Assembled, and by the Authority of the same, That if any Negro, Indian or Molatto Slave, shall Utter, Publish and Speak fuch words of any Person, that would by Law be Actionable if the same were Uttered, Published or Spoken by any Free Person, of any other; such Negro, Indian or Molatto Slave being thereof Convicted before any one Assistant or Justice of the Peace, (who are hereby Impowred to Hear and Determine the same,) shall be Punished by Whipping, at the Discretion of the Assistant or Justice before whom the Trial is, (Respect being had to the Circumstances of the Case,) not Exceeding Forty Stripes; and the said Slave to Convict, shall be Sold to Defray all Charges arising thereupon; Unless the same be by his or their Master or Mistress Paid and Answered
Provided Nevertheless, That such Negro, Indian or Molatto Slave, be not Debarred from making such Pleas, and offering such Evidences in his or their Deference or Justification, on such Trial, as any other Person might make use of, being Sued in an Action of Defamation, so far as Relates to the Trial before said Justice; any thing above to the Contrary notwithstanding.
1784
Source: Acts and Laws of the State of Connecticut in America (1805), pages 396-399
An Act concerning Indian, Mulatto, and Negro Servants and Slaves.
Par. 1. Be it enacted by the Governor and Council, and House of Representatives, in General court assembled, That whatsoever Negro, Mulatto or Indian Servant or Servants shall be found wandering out of the Bounds of the Town or Place to which they belong, without a Ticket or Pass in Writing under the Hand of some Assistant, or Justice of the Peace, or under the Hand of the Master or Owner of such Negro, Mulatto or Indian Servants, shall be deemed and accounted to be Run0aways, and may be treated as such: And every Person inhabiting in this State, finding or meeting with any such Negro, Mulatto or Indian Servant or Servants not having a Ticket, as aforesaid, is hereby empowered to seize and secure him or them, and bring him or them before the next Authority to be examined and returned to his or their Master or Owner, who shall satisfy the Charge accruing thereby.
2. And all Ferry-men within this State, are hereby required not to suffer any Indian, Mulatto or Negro Servants, without Certificate, as aforesaid, to pass over their respective Ferries, by assisting them therein, directly or indirectly, on the Penalty of paying a Fine of Three Dollars and Thirty-four Cents, for every such Offence, to the Owner of such Servants.
3. And all Vagrants or suspected Persons may be used in the like Manner, when found wandering from Town to Town, having no Certificate or Pass as aforesaid; who shall be seized and conveyed before the next Authority; to be examined and disposed of according to Law.
4. And if any free Negroes shall travel without such Certificate or Pass, and be stopped, seized or taken up as aforesaid, they shall pay all Charges arising thereby.
5. And for the preventing such Servants from Stealing from their Masters and others, and for the better governing them:
Be it further enacted, That every free Person who shall presume, either openly or privately, to buy or receive of or from any Indian, Mulatto or Negro Servant or Slave, any Money, Goods, Merchandizes, Wares or Provisions, without Order from the Master or Mistress of such Servant or Slave; every Person so offending, and being thereof convicted, shall be sentenced to restore all such Monies, Goods, Wares and Provisions unto the Party injured, in teh specific Articles (if not altered) and also forfeit to the Party double their Value thereof, over and above, or treble the Value where the same are disposed of, or not to be obtained: And if the Person so offending be unable to, or shall not make Restitution as awarded, then to be publicly whipt with so many Stripes (not exceeding Twenty) as the Court or Justice that hath Cognizance of such Offence, shall order; or make Satisfaction by Service: To be assigned therein by such Court or Justice.
6. And every Indian, Negro or Mulatto Servant or Slave, of , or from whom such Money, Goods, Merchandizes, Wares or Provisions shall be received or bought, if it appear they were stolen, or that shall steal any Money, Goods, Merchandizes, Wares or Provisions, and be thereof convicted, (although the Buyer or Receiver be not found) shall be punished by Whipping, not exceeding thirty Stripes, and the Things stolen to be restored to the Party injured, if found, or the Value thereof if not found: To be determined as aforesaid.
7. That if any Negro, Mulatto or Indian Servant or Slave, shall be found abroad from Home in the Night-season, after nine of the Clock, without special Order from his or their Master or Mistress, it shall be lawful for any Person or persons, to apprehend and secure such Negro, Mulatto or Indian Servant or Slave, fo offending, and him, her, or them, bring before the next Assistant or Justice of the Peace, which Authority shall have full Power to pass Sentence upon such Servant or Slave, and order him, her, or them, to be publicly whipped on the naked Body, not exceeding ten Stripes, and to pay Cost of Court; except his or their Master or Mistress shall redeem them, by paying a Fine not exceeding One Dollar and Sixty Cents.
8. And if such Servant or Slaves shall have Entertainment in any House after nine of the Clock, as aforesaid, (except to do any Business they may be sent upon) the Head of the Family that entertains, or tolerates them in his or her House, or any the Dependencies thereof, shall forfeit an pay the Sum of One Dollar and Sixty Seven Cents; One Half to the Complainer, and the other Half to the Treasurer of the Town where the Offence is committed.
9. And whereas the increase of Slaves in this State is injurious to the Poor, and inconvenient:
Be it further enacted, That no Indian, Negro or Mulatto Slave, shall at all Time herafter, be brought or imported into this State, by Sea or Land, from any Place or Places whatsoever, to be disposed of, left or sold within this State.
10. Be it further enacted, That any Person or Persons who shall hereafter, contrary to the true Intent of this Act, import or bring any Indian, Negro, or Mulatto Slave or Slaves into this State, to be disposed of, left or sold within the same, or who knowing such Slave or Slaves to be so imported and brought into this State, shall receive and purchase them, or any of them, shall forfeit and pay to the Treasurer of this State, the Sum of Three Hundred and Thirty Fourt Dollars for every Slave so imported, brought into this State, received or purchased; to be recovered by Bill, Plaint, or Information, in any Court of Record proper to try the same. And that it be the Duty of all Constables and Grand-jurors, to enquire after, and make Presentment of all Breaches of this Act.
11. And that all Slaves set at Liberty by their Owners, and all Negro, Mulatto, and Spanish Indians who are Servants to Masters for Time, in Case they come to Want, after they sahll be set at Liberty, or the Time of their said Service be expired, shall be relieved by such Owners or Masters respectively, their Hers, Executors, or Administrators; and upon their, or either of their Refusal so to do, the said Slaves and Servants shall be relieved by the Select-men of the Towns to which they belong; and the said Select-men shall recover of the said Owner or Masters, their Heirs, Executors, or Administrators, all the Charge and Cost they are at for such Relief, in the usual Manner, as in Case of any other Debts.
12. Provided nevertheless, That if any Master or Owner of any Servant or Slave, shall apply to the Select-men of the Town to which he belongs, for Liberty or LIcence to emancipate or make free any such Servant or Slave, it shall be the Duty of such Select-men to enquire into the Age, Abilities, Circumstances and Character of such Servant or Slave, and if they or the major Part of them, shall be of Opinion that it is likely to be consistent which the real Advantage of such Servant or Slave, and that it is probable that the Servant or Slave will be able to support his or her own Person, and he or she is of good and peaceable Life and Conversation; such Select-men or the major Part of them, shall give to the Owner or Master of such Servant or Slave, Certificate under their Hands, of their Opinion in the Premises, and that the Master or Owner of such Servant or Slave, hath Liberty to emancipate and set at Liberty such Servant or Slave. And if the Master or Owner of any Servant or Slave, shall, on receiving such Certificate, emancipate and set at Liberty such Servant or Slave, he, his Heirs, Executors and Administrators, shall be forever discharged from any Charge or Cost, which may be occasioned by maintaining or supporting the Servant or Slave, made free as aforesaid; any Law, Usage or Custom, to the contrary notwithstanding.
13. And whereas found Policy requires that the Abolition of Slavery should be effected as soon as may be, consisten with the Rights of Individuals, and the public Safety and Welfare. Therefore,
Be it enacted, That no Negro or Mulatto Child, that shall, after the first Day of March, One thousand sevenhundred and eighty-four, be born within this State, shall be held in Servitude, longer than until they arrive to the Age of twenty-five Years, notwithstanding the Mother or Parent of such Child was held in Servitude at the Time of its Birth; but such Child at the Age aforesaid, shall be free: any Law, Usage, or Custom to the contrary notwithstanding.
1792
Source: Acts and Laws of the State of Connecticut in America (1805), page 399-400
An Act in addition to and alteration of an act concerning Indian, Mulatto,
and Negro Servants and Slaves.
Par. 1. Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That if any Master or Owner of any Slave, shall be disposed to emancipate and make free such Slave, and shall apply to any two of the Civil Authority, or one of the Civil Authority and two of the Select-men of the Town, to which he belongs, it shall be the Duty of said Authority, or Authority and Select-Men (as the case may be) to enquire into the Health and Age of such Slave, and if they find upon examination, that such Slave is in good Health, and is not of greater Age than forty-five Years, or less Age than twenty-five Years, said Authority, or Authority and Select-Men shall give to the Owner or Master of such Slave a Certificate thereof, under their Hands. Provided, that previous to giving such Certificate, the Persons giving the same shall be convinced by actual examination, of the Slave to be made free by such Certificate, that he or she is desirous thereof.
2. And if the Master, or Owner of any Slave, shall on receiving such Certificate emancipate and set at Liberty such Slave, he, his Heirs, Executors and Administrators shall be forever discharged from any Charge, or Cost, which may be occasioned by Maintaining or Supporting the Slave made free as aforesaid.
Provided, That the Letter of Emancipation and Certificate, shall be recorded in the Records of the Town where the Master of such Slave resides.
1788
Source: Acts and Laws of the State of Connecticut in America (1805), page 399-400
An Act to prevent the Slave Trade.
Par 1. Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That no Citizen or Inhabitant of this State, shall for himself, or any other Person either as Master, Factor, Supercargo, Owner or Hirer, in Whole, or in Part, of any Vessel, directly or indirectly, import or transport, or buy or sell, or receive on board his or her Vessel, with intent to cause to be imported or transported, any of the Inhabitants of any Country in Africa, as Slaves or Servants, for Term of Years; upon Penalty of One Hundred and Sixty Seven Dollars, for every Person so received on board, as aforesaid; and of One Thousand Six Hundred and Sixty Seven Dollars, for every such Vessel employed in the Importation or Transportation aforesaid; to be recovered by Action, Bill, Plaint or Information; the one Half to the Plaintiff, and the other Half to the Use of this State.
2. And all insurance, which shall be made in this State, on any Vessel fitted out to the Intent aforesaid, and employed as aforesaid, or on any Slaves or Servants shipped on board as aforesaid, for the Purpose aforesaid, shall be void. And this Act may be given in Evidence, under the general Issue, in any Suit commenced for the Recovery of such Insurance.
3. Be it further enacted, That if any Person shall kidnap, decoy or forcibly carry off, out of this State, any free Negro, Indian, or Mulatto, or any Person entitled to Freedom at the Age of Twenty-five Years, Inhabitants or Residents within this State; or shall forfeit Three Hundred and Thirty Four Dollars to the Use of this State; to be recovered by Bill, Plaint or Information, presented by any Friend of such Inhabitant or Resident, which he is hereby authorized to do. And the Court before whom the Trial shall be, shall, in Addition to said Penalty, on Conviction, give to the Prosecutor, for the Use of such injured Inhabitant, or his Family, (if any he have) such Sum in Damages, as they shall judge just and reasonable, to be applied in such Way and Manner as the Court shall direct: And the said Prosecutor shall give Bond, with Surety, before the Court, for the due Application of the Sum recovered, before he has Execution thereof.
4. Provided, That nothing in this Act shall operate to prevent Persons removing out of this State, for the Purpose of Residence, from carrying or transporting with them, such Negroes or Mulattoes, as belong to them, or to prevent Persons living within this State, from directing their Servants out of this State, about their ordinary and necessary Business.
5. And be it further enacted, That all Persons who now are, or hereafter shall be possessed of any Child or Children born after the first Day of March 1784, and which by Law shall be free at the Age of Twenty-five Years, shall within Six Months after the Birth of any such Child, deliver, or cause to be delivered to the Town-Clerk of the Town where such Possessor belongs, the Name of such Possessor, as also the Age, Name and Sex of every such Child or Children, on Oath to the best of his or her Knowledge, under the Penalty of Seven Dollars, for each and every Month’s Neglect, to be recovered before an Assistant or Justice of the Peace; the one Half to the Complaint, and the other Half to the Use of the Poor of the Town where such Child or Children live.
1789
Source: Acts and Laws of the State of Connecticut in America (1805), page 401
An Act in addition to an Act, entitled an Act, to prevent the Slave-Trade
Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That any forfeiture incurred by the Breach of the third Paragraph of said Act, may be recovered by Action, Bill, Plaint, or Information, the one Half to the Plaintiff and the other Half to the Use of this State.
1792
Source: Acts and Laws of the State of Connecticut in America (1805), page 401
An Act in addition to an Act, entitled an Act to prevent the Slave-Trade
Par. 1 Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That no Citizen or Inhabitant of this State, shall Transport out of this State for the Purpose of selling into any other State, Country or Kingdom, either directly or indirectly, or buy or sell with Intent to transport out of this State, or shall sell it transported, or shall aid, assist, or abet in buying or selling for the Purpose aforesaid, or Transporting into any other State, Country or Kingdom, any Negro, Mulatto, Slave or Servant, for Years, upon Penalty of Three Hundred and Thirty Fourt Dollars, to be recovered by Action, Bill, Plaint or Information. The one Half to the Plaintiff, and the other Half to the Use of this State.
2. And all Notes, Bonds, Mortgages, or Securities of any kind of description, made or executed in Payment, or part Payment, for any Negro, Indian, Mulatto, Slave or Servant, bought or fold, contrary to the true Intent and Meaning of this Act, are hereby declared void, and of no Effect.
3. Provided, That nothing in this Act, shall operate to prevent Persons removing out of this State for the Purpose of residence, from carrying or transporting with them such Negroes, Indians or Mulattoes, as belong to them, or to Persons living within this State, from directing their Servants out of this State, about their ordinary and necessary Business.
1797
Source: Acts and Laws of the State of Connecticut in America (1805), page 462
An Act in addition to an Act, entitled “An Act concerning Indian, Mulatto
and Negro Servant and Slaves.”
Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That no Negro or Mulatto Child, born within this State after the first day of August, 1797, shall be held in servitude longer than until he or she arrive to the age of Twenty-one years; notwithstanding the Mother or Parent of such Child was held in servitude at the time of its birth, but such Child at the age aforesaid shall be free - Any Law, Usage or Custom to the contrary withstanding.
1797
Source: Acts and Laws of the State of Connecticut in America (1805), page 477
An Act To Repeal Part of an Act Entitled “ An Act for the Punishment of Defamation”
Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That the second Paragraph repealed, of said Act, be, and the same is hereby repealed.
1797
Source: Acts and Laws of the State of Connecticut in America (1805), page 477
An Act To Repeal Certain Paragraphs of an Act Entitled, “ An Act Concerning Indian, Mulatto, and Negro, Servants, and Slaves”
Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That the first, second, third, fourth, fifth, fixth, seventh and eighth Paragraphs of said Act, be, and they are hereby repealed.
1797
Source: Acts and Laws of the State of Connecticut in America (1805), page 477
An Act To Repeal Part of an Act Entitled, “ An Act Against Breaking the Peace”
Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That the third Paragraph of said Act, be, and the same is hereby repealed.
Second half of 18th century
Source: Acts and Laws of the State of Connecticut in America (1805), page 141, 142
An Act for the Punishment of Defamation
Par.1 Be it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That whosoever shall defame or slander any Person or Persons whatsoever, and be thereof legally convicted before any Court in this State, shall pay a Sum not exceeding Thirty-four Dollars, as a Fine to the public Treasurer of the County in which such Offence is committed, and the Person or Persons slandered, shall have such Costs and Damages, as the Court and Jury that have Cognizance of the said Case shall judge to be reasonable and just.
2. And that if any Negro, Indian, or Molatto-Slave shall utter, publish or speak such Words of or concerning any other Person that would by Law be actionable if uttered, published or spoken by any free Person or of concerning any other; such Negro, Indian, or Molatto-Slave being thereof convicted before any one Assistant or Justice of the Peace, (who are hereby empowered to hear and determine the same) shall be punished by whipping on the naked Body, at the Discretion of the Assistant or Justice of the Peace before whom the Trial is, (Respect being had to the Circumstances of the Case) not exceeding forty Stripes. And such Slave so convicted, shall by such Authority be sold or disposed of to defray all Charges arising thereupon; unless the same be by his or her Master or Mistress paid and answered.
Provided nevertheless, That such Slave be not debarred from making such Pleas, and offering such Evidence in his, her or their Defence or Justification on such Trial, as any other Person might make Use of being sued in an Action or Defamation, so far as relates to the Trial before said Assistant or Justice.
3. And whereas defaming the Civil Authority of the State greatly tends to bring the same into Contempt; and thereby to weaken the Hands of those by whom Justice is to be administered:
Which great Evil to prevent:
Be it further enacted, That whoever shall defame any Court of Justice, or the Sentence or Proceedings of the same; or any of the Magistrates, Judges, or Justices of any Court, in Respect of any Act or Sentence therein passed, and be thereof lawfully convicted before any of the General Courts, or Superior Courts in this State, shall be punished for the same by Fine, Imprisonment, Disfranchisement or Banishment, as the Quality and Measure of the Offense, in the Opinion of the Court before whom the Trial is had, shall deserve.
1848
Source: Statutes of the State of Connecticut (1866), page 675, 676 .
An Act To Prevent Slavery
Be it enacted by the Senate and House of Representatives, in General Assembly convened:
Section 1. That no person shall hereby be held in slavery in this state.
Sect. 2. All persons until this time held as slaves, and all persons heretofore slaves who have been emancipated by their masters, shall, if they are reduced to want, be supported by their former masters, their heirs, executors and administrators, and, on their refusal, the selectmen of the town where such persons belong shall provide for their support; and such town may recover the expense of such support, from such masters, or their heirs, executors, or administrators, by an action on the case; provided, that nothing herein contained shall apply to cases where masters, emancipating their slaves, have been heretofore exempted by law from liability for their support.*
Sect. 3 No Indian, negro, or mulatto, slave, shall be brought or imported into the state, by sea or land, from any place whatever, to be disposed of, left, or sold, within the same.**
Sect. 4 Every person who shall import or bring into the state any Indian, negro, or mulatto, slave, to be disposed or left, or sold, within the same, or who knowing such slave to be so imported or brought into the state, shall sell or purchase him, shall forfeit the sum of three hundred and fifty dollars for every slave so imported or puchased, one half to him who shall prosecute to effect, and the other half to the treasurer of the state.
Sect. 5 No judge, justice of the peace, or other officer, appointed under the authority of this state, shall be authorized, as such, to issue, or serve any warrant, or process, for the arrest, or detention, of any person, escaping into this state, claimed to be a fugitive from labor or service as a slave, under the laws of any other state, or country, or to grant a certificate of the title of any claimant to the service of any such person, with a view to his detention, or to his removal out of this state, and any such warrant, or process, so issued, and any certificate so granted by any judge, justice of the peace, or other officer, of this state, shall be utterly void, and shall constitute no justification for any act done under the same; provided, that nothing herein contained shall be construed to impair any rights which, by the constitution of the United States, may pertain to any person, to whom by the laws of any other state, labor or service may be due, from any fugitive escaping into this state, or to prevent the exercise in this state of any powers which may have been conferred by congress, on any judge, or other, of the United States, in relation to such rights.
Sect. 6. Any person, having been held to service as a slave, in any other state, or country, and not having escaped from any other state of the United States, in which he was held to service or labor under the laws thereof, coming into this state, or being therein, shall forth with become and be free.
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* Declaration of a mistress to her servant that she should be free at twenty-five years of age, adjudged to amount to a manumission. Geer v. Huntington, 2 Root, 364. Executors are liable for expenses incurred in the life time of testator for the support of manumitted slaves, and the heirs, for expenses incurred afterwards. Kingsbury v. Tolland, 2 Root, 355. A manumitted slave is settled in the town to which his master belongs. Bolton v. Haddam, 2 Root, 517. When a manumitted slave may acquire a settlement by commorancy. Colchester v. Lyme, 13 C.R. 274.
https://cite.case.law/conn/13/274/
The daughter of a female slave born after the 1st of March 1784, is not a slave, though liable to be held in servitude until twenty-five years of age. Windsor v. Hartford, 2 C.R. 355.
https://cite.case.law/conn/2/355/
The settlement of such child is in the place of her birth. Same. How a slave reduced to want may be supported. Columbia v. Williams, 3 C.R. 467; East Hartford v. Pitkin, 8 C.R. 393.
** For construction of this section, see Jackson v. Bulloch, 12 C.R. 38
1854
Source: Statutes of the State of Connecticut (1854), page 799.
An Act for the Defense of Liberty in this State, 1854.
Sect. 1. Every person who shall falsely and maliciously declare, represent or pretent, that any free person entitled to freedom is a slave, or owes service or labor to any person or persons, with intent to procure or to aid or assist in procuring the forcible removal of such free person from this state as a slave, shall pay a fine of five thousand dollars and be imprisoned five years in the Connecticut state prison.
Sect. 2. In all cases arising under this act, the truth of any declaration, representation or pretense, that any person being or having been in this state is or was a slave, or owes or did owe service or labor to any other person or persons, shall not be deemed proved, except by the testimony of at least two credible witnesses testifying to facts directly tending to establish the truth of such declaration, pretense or representation, or by legal evidence equivalent thereto.
Sect. 3. Every person who shall wrongfully and maliciously seize, or procure to be seized, any free person entitled to freedom, with intent to have such free person held in slavery, shall pay a fine of five thousand dollars and be imprisoned five years in the Connecticut state prison.
Sect. 4. Upon the trial of any prosecution arising under this act, no deposition shall be admitted as evidence of the truth of any statement in such deposition contained.
Sect. 5. If, upon the trial of any prosecution arising under this act, any witness shall, in behalf of the party accused, and with intent to aid him in his defense, falsely and willfully, in testifying, represent or pretend, that any person is or ever was a slave, or does or ever did owe service or labor to any person or persons, such witness shall pay a fine of five thousand dollars, and be imprisoned five years in the Connecticut state prison.
Sect. 6. Whenever complaint or information shall be made against any person for any offense described in any section of this act, and, upon such complaint or information, a warrant shall have been duly issued for the arrest of such person, any person who shall hinder or obstruct a sheriff, deputy sheriff or constable in the service of such warrant, or shall aid such accused person in escaping from the pursuit of such officer, shall be imprisoned one year in the Connecticut state prison.
Sect. 7. No declaration, pretense or representation that any person is or was an apprentice for a fixed term of years or owes or did owe service merely as such an apprentice, for such fixed term, shall be deemed prohibited by this act; and no such declaration, pretense or representation that any person is or was such an apprentice for such fixed term, or owes or did owe service merely as such an apprentice for such fixed term, shall be liable to any penalty under this act.
1838
Source: Public Statute Laws of the State of Connecticut, Compiled in Obedience to a Resolve of the General Assembly, Passed May, Eighteen Hundred and Thirty-Eight (1839), pages 571-574.
An Act for the fulfilment of the obligations of this State, imposed by the Constitution of the United States, in regard to persons held to service or labor in one State escaping into another, and to secure the right of Trial by Jury, in the cases herein mentioned.
Sect. 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That whenever any person, legally held to labor or service in any state or territory of the United States, shall escape into this state, the person entitled to the laborer or services of such fugitive, or the agent of such person duly authorized by him, upon making due proof of such title, to any court or judge authorized to issue writs of habeas corpus, shall be entitled to a writ of habeas corpus, to be directed to the sheriff of the county, his deputy, or either of the constables of the town where such fugitive shall be, commanding to take the body of such fugitive, and him have before the said judge, or before the county or superior court, then in session, or next to be holden in said county, or, if such fugitive be at the time of his arrest residing within the limits of any city, before the city court, next to be holden or then in session therein, at the discretion of the judge or court issuing such writ, on a day to be therein specified to answer to such claim.
Sect. 2. The proof to entitle any person to such writ shall be by affidavit, setting forth minutely and particularly, the ground of such claim to the services of such fugitive, the time of his or her escape, and where he or she then is, or is believed by the affiant to be.
Sect. 3. On return of the writ with the body of the person so claimed as aforesaid, it shall be the duty of such court or judge before whom the same is returnable, to hear the allegations and proofs of the parties, or, if required, to allow a reasonable time to allow further necessary proof, and in such case, to commit the person so claimed and arrested as a fugitive, to the custody of the sheriff of said county for safe keeping; or to take a bond with sufficient sureties, in such penalty as shall be deemed satisfactory to the person claiming the service of such fugitive, conditioned that he shall appear before such judge or court, at the time and place therein specified, to abide the order and decision of the court or judge having cognizance thereof in relation to such claim.
Sect. 4. The trial of the question of fact, at issue between the parties, shall at the request of either party be by a jury of twelve men, drawn, impanneled and sworn as in other civil cases pending before said courts respectively, or if such trial be before a judge, in vacation, such judge shall have authority to cause such jury to be drawn from the jury box of any town or towns in the county, and to be summoned and impanneled for the trial of such issues: Provided, that no person shall be qualified to sit as a juror in said case, who believes there is not constitutionally, or legally, a slave in the land.
Sect. 5. If upon the hearing of said parties, such court or judge, or in case of a trial by jury, such jury shall find that the person claiming the services of the person arrested as aforesaid, is not entitled thereto, the person so arrested shall be discharged, and judgement shall thereupon be rendered in his favor against such claimant for such sum in damages, as the court or jury trying such issue shall award, together with his costs, and execution shall issue therefore. But if on such hearing said court or jury shall find that the claimant is entitled to the services of such fugitive, the court or judge before whom such hearing shall have been had, shall grant to such claimant a certificate stating that it satisfactorily appears that such fugitive, (who shall be particularly described in such certificate by his name, size and personal appearance,) doth owe service, or labor, to the person claiming the same, under the laws of the state or territory from which he or she escaped; and thereby allowing such person or his agent named in such certificate to take such fugitive, and convey him or her through and out of this state, towards the place of residence of the person entitled to his or her labor or service, and such fugitive shall thereupon be delivered to such claimant, or his agent duly appointed therefore.
Sect. 6. Such certificate shall authorize the person having the same to remove such fugitive therein named, without unnecessary delay, through and out of this state, on the direct route to the place of residence of such claimant.
Sect. 7. The fees and expenses incurred in any proceedings herein authorized, shall be paid by the claimant before the rendering or any service for which such fees shall be chargeable.
Sect. 8. No justice of the peace or other officer appointed under the authority of this state, other than the courts or judges authorized to issue writs of habeas corpus shall be authorized to grant any warrant or process for the arrest of any fugitive from labor or service, or any certificate of the title of any claimant to the services of such fugitive; and any justice of the peace, or other officers, violating this provision, shall forfeit and pay to the party aggrieved five hundred dollars, and shall be deemed guilty of a misdemeanor.
Sect. 9. No officer, or other person shall take or remove out of this state any other person, under a claim that such person is a fugitive from labor or service under the laws of any other state or territory, except in pursuance of the provisions in this act contained, on pain of forfeiting five hundred dollars, to be recovered by any person who will sue for and prosecute the same to effect. And if any person shall be arrested or detained as a fugitive from labor as aforesaid, contrary to the provisions of this act, such person may by himself or his next friend, apply for and obtain a writ of habeas corpus form any judge or court by law authorized to grant the same, to be proceeded with on the return thereof with the body of such person, in the manner herein before provided: Provided, that nothing herein shall be construed to extend to any proceedings before any court, or magistrate of the United States, or any person acting by the authority of such court or magistrate.