An Act Concerning Slaves and Servants

An Act concerning Slaves and Servants.

Passed April 9, 1813.

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That every negro, mulatto or mestee within this state, who is now a slave for life, shall continue such unless such slave shall be manumitted according to law; and that the baptizing of any slave shall not be deemed to be a manumission of such slave: Provided always, That all persons born slaves within this state, and who have heretofore been or shall hereafter be manumitted, shall be deemed, taken and adjudged to have been capable of taking by devise, descent or otherwise, all estates, real or personal, in the same manner as if he or they had been born free, and shall and may at all times hereafter, and in all courts have the like remedy for the recovery of such estates, or for injuries done to the same, as if such person or persons had been free-born citizens of this state; but this act shall not be construed to create a cause of action against the former owner of any such slave or his representative.

II. And be it further enacted, That all marriages contracted or which may hereafter be contracted, wherein one or more of the parties was, were, or may be slaves, shall be considered equally valid as though the parties thereto were free; and the child or children of any such marriage shall be deemed legitimate: Provided, That nothing herein contained shall be deemed or construed to manumit any such slave or slaves.

III. And be it further enacted, That it shall be lawful for the owner of any slave to manumit such slave by last will or testament, or by any certificate or writing for that purpose; but if such slave at the time of such manumission be above the age of forty-five years, or within that age and not of sufficient ability to provide for his or her support, the owner of such slave, and the heirs, executors, administrations and assigns of such owner, shall respectively be liable for the maintenance of such slave, in case such slave shall become a charge to any city or town within this state; and the overseers of the poor of any such city or town shall and may, from time to time, recover the amount of the monies expended for the maintenance of such slave from such owner, his heirs, executors, administrators or assigns, by action of debt or by information in any court having cognizance thereof: Provided however, That if the owner of such slave, at or immediately before the time of such manumission, shall obtain a certificate signed by the overseers of the poor of the city or town where such owner shall reside, or the major part of them, or if in the cities of New-York or Albany, by the mayor and recorder of the said cities respectively, certifying that such slave appears to be under the age of forty-five years, and of sufficient ability to provide for himself or herself, and shall cause such certificate to be registered in the office of the clerk of such city or town, such certificate or the registry thereof, shall be conclusive evidence of the facts therein contained and forever exonerate such owner and his representatives from the maintenance of such slave; and in case of the refusal of such overseers, or of the said mayor and recorder to grant such certificate, such owner may apply for the same to the court of general sessions of the peace of the city or county in which such owner shall reside, giving ten days notice of such application to the said overseers, or mayor and recorder; and if such certificate be granted by such court, the same shall be as effectual as if signed by such overseers, mayor and recorder, and court to grant or refuse such certificate according to the truth of the case: And further, It shall be lawful for the owner of a child born a slave, to manumit such child, and if such owner shall obtain a certificate from the persons before mentioned, setting forth that the parent or parents of such child is or are able and willing to maintain and provide therefore, such certificate shall in like matter exonerate such owner and his representatives from the future maintenance of the person so manumitted: Provided, Such certificate shall be registered as herein before directed.

IV. And be it further enacted, That all the manumissions of slaves made by the people called Quakers, and others, before the ninth day of March, in the year of our Lord one thousand seven hundred and ninety-eight, although not in strict conformity to the statutes then in force relating to such manumissions, shall be valid from the time the same were made: Provided, That every owner of any slave so manumitted, and the heirs, executors, administrators and assigns of such owner shall be liable for the maintenance of such slave in case such slave hath or shall become a charge to any city or town within this state, and from time to time be subject to suits by the overseers of the poor for monies expended by any such city or town in the same manner as is provided in the preceding section of this act.

V. And be it further enacted, That no person held as a slave shall be imported, introduced or brought into this state, on any pretence whatever, by any person coming permanently to reside within this state for the space of nine months, shall be considered as having a permanent residence therein within the meaning of this act, but it shall not be construed to extend to such persons as may reside within this state for a shorter period; and if any person so held as a slave, shall be so imported, introduced or brought into this state, contrary to the true intent and meaning of this act, he shall be and is hereby declared free; and any slave who shall have been imported, introduced or brought into this state contrary to the foregoing directions, since the first day of May, one thousand eight hundred and ten, shall be and is hereby declared free.

VI. And be it further enacted, That no indenture, contract or bond, conditioned for personal service, hereafter entered into or made by any person who has been holden or possessed as a slave by any person without this sate, shall be in any manner obligatory within this state on the person so bound to service, but the same is hereby declared to be utterly void; and if any such person, so having been holden as a slave, shall be indented or bound, contrary to the intent of this act, he or she shall thereafter be free; And further, This section shall apply to every such indenture, contract or bond, made or entered into since the thirtieth day of March, one thousand eight hundred and ten; and the same shall likewise be utterly void, in like manner as if made or entered into since the passing of this act.

VII. And be it further enacted, That every child born of a slave within this state after the fourth day of July, in the year of our Lord one thousand seven hundred and ninety-nine, shall be free, but shall remain the servant of the owner of his mother and the executors or administrators of such owner, in the same manner as if such child had been bound to service by the overseers of the poor, and shall continue in such service, if a male, until the age of twenty-eight years, and if a female, until the age of twenty-five years: And further, That every person entitled to the services of any child under this section, shall use all proper and reasonable means to cause such child to be taught reading, so as to be able to read the holy scriptures, previous to such child's arriving to the age of twenty-one years, and if such person so entitled to such service, shall neglect to use all proper and reasonable means to give such instruction as aforesaid, having regard to all the circumstances of the case, then, and in every such case of neglect, such servants so neglected shall be released from their servitude when they arrive to the age of twenty-one years, any thing in any former law to the contrary notwithstanding; and all complaints by any such servant, arising under this section, against his said master, and all complaints by any such master against such servant, shall be heard, tried and determined, in like manner and with like effect as complaints by and between master and apprentices under the laws of this state.

VIII. And be it further enacted, That notwithstanding any thing in this act contained, it shall be lawful for all such persons as reside in the counties of Ontario, Steuben, Seneca and Orange, and having emigrated from the states of Virginia, Maryland or North Carolina, within seventeen years last past, who hold in their own right slaves, which they brought with them from either of the said states to hire out their said slaves to any citizen of this state, for a term of time not exceeding seven years: Provided always, That the masters of such slaves shall not be exonerated from liability to maintain any such slave, who, at the expiration of the term for which he shall be so hired out, shall not be of sufficient ability to maintain himself.

IX. And be it further enacted, That it shall and may be lawful for every person who shall have resided ten years within this state, and who shall be about to remove permanently therefrom, to carry with him every such slave as shall have been the property of such person during ten years next preceding: Provided, That before such person shall attempt to carry away such slave out of this state, he shall make legal proof before a judge of the court of common pleas of the county, or before the mayor or recorder of the city in which he last resided, that such slave hath been his property during ten years then next preceding; and shall also prove to the satisfaction of the said judge, mayor or recorder, by the oath of two credible witnesses who shall be known to the said judge, mayor or recorder, or who shall be proved to the satisfaction of such judge, mayor or recorder, to be credible witnesses, that such person intending to carry away such slave out of this state, hath resided within this state during the ten years next preceding; and that such slave hath been in the service or employment of such person as a slave during that time, and shall obtain a licence from such judge, mayor or recorder, to carry such slave out of the state: And provided also, That nothing in this act contained shall be deemed or taken to authorise any person so residing as aforesaid, who shall be entitled to any slave or servant for a time only, or shall hold such slave or servant upon condition of services for a term of years, and who shall be about to remove permanently from this state, to take such slave or servant therefrom; and every master of a vessel who shall knowingly receive on board his vessel, for the purpose of carrying out of this state, any slave for whose exportation such licence as aforesaid hath not been obtained, shall be deemed guilty of a public offence, and for every such offence shall forfeit the sum of two hundred and fifty dollars for every slave so received on board, to be recovered and paid in like manner as the forfeiture is directed to be recovered and paid in and by the fifth section of the said act.

X. And be it further enacted, That if any person shall knowingly and wilfully swear falsely on any oath or deposition made or taken by virtue of, or pursuant to this act, such false swearing shall be deemed and taken to be wilful and corrupt perjury, and the person thereof convicted shall be liable to all the pains and penalties thereof.

XI. And be it further enacted, That it shall be lawful for any person not an inhabitant of this state, who shall be travelling to or from, or passing through this state, to bring with him any slave, and take such slave with him from this state; and it shall also be lawful for any inhabitant of this state, going a journey to any other part of the United States, to carry with him any such slave or servant as aforesaid; but such inhabitant shall bring back every such slave or servant, and in default thereof shall be deemed to have committed a public offence, and to have incurred the forfeiture last aforesaid, unless he shall, within six months after his return, make proof, by his own oath or otherwise, to the satisfaction of a judge, mayor or recorder of the city or county wherein he shall reside, that every such slave or servant not brought back as aforesaid, could not be brought back by reason of some unavoidable accident, and unless such person shall forthwith file a certificate of having made proof as aforesaid, signed by the magistrate before whom such proof hath been made, in the office of the clerk of the city or town in which he shall reside.

XII. And be it further enacted, That the children of slaves, born between the fourth day of July, one thousand seven hundred and ninety-nine, and the thirty-first day of March, one thousand eight hundred and four, and which shall have been duly abandoned by their owners previous to the last mentioned day, shall continue to be provided for at the expense of this state, according to the then existing laws thereof; and no contract by any overseers of the poor, for the support of any person so abandoned, made before the twenty-sixth day of March, one thousand eight hundred and two, according to the provisions of the then existing statutes relative to slaves, shall be affected by this act, but the same shall be governed by the statutes then in force, any thing herein contained to the contrary notwithstanding: Provided, That it shall be lawful for any person entitled to the service of any person hereafter to be born of a slave, or who shall have been born of a slave since the fourth day of July, one thousand seven hundred and ninety-nine, at any time to abandon any male child after it shall arrive to the age of twenty-one years, and if a female, to the age of eighteen years: Provided, That the person entitled to such service shall, at or immediately before such abandonment, obtain a certificate, signed by the overseers of the poor of such city or town where such person shall reside, certifying that such child, if a male, appears to be of the age of twenty-one years, and if a female, of the age of eighteen years, and of sufficient ability to provide for himself or herself; and shall cause such certificate to be registered in the office of the clerk of such city or town.

XIII. And be it further enacted, That if any person shall willingly suffer or permit his slave, or such servant as aforesaid, to beg of others, victuals, clothing or other necessaries, such person shall forfeit twenty-five dollars for every such offence, to be recovered by action of debt, with costs of suit, in any court having cognizance thereof, by any person who will sue for the same, one half of which forfeiture shall be paid to the prosecutor, and the residue of the overseers of the poor of the city or town in which such offence shall be committed, for the benefit of such poor.

XIV. And be it further enacted, That if any person shall, but fraud of collusion, sell, or pretend to sell of dispose of any aged or infirm slave, to any person who is unable to maintain such slave, such sale or disposition shall be void, and the person making the same shall forfeit the sum of fifty dollars for each offence, and shall moreover be deemed the owner of such slave within the meaning of the next preceding section of this act, and which forfeitures shall be recovered and applied as is directed in the said section.

XV. And be it further enacted, That if any person shall employ, harbour, conceal or entertain any slave or such servant as aforesaid, knowing such slave or servant to belong to any other person, without the consent of such owner, such person shall forfeit to the owner of such slave or servant, the sum of twelve dollars and fifty cents for every twenty-four hours, and in the proportion for a greater or less time, while such slave or servant shall have been so employed, harboured, concealed or entertained, but such forfeiture shall not in the whole exceed the value of such slave, or of the service such owner is entitled to receive from such servant: And further, If any person shall be guilty of harbouring, entertaining or concealing, or of assisting to convey away any such slave or servant, and such slave or servant be lost or die, such person shall forfeit to the owner of such slave or servant the value of such slave, or of the service such owner shall be entitled to receive from such servant; all of which forfeitures may be recovered by action of debt, with costs of suit, in any court having cognizance thereof.

XVI. And be it further enacted, That if any person shall trade or traffic with any such slave or servant, either in buying or selling, without the consent of the owner of such slave, or the master or mistress of such servant, such person shall for every such offence forfeit treble the value of the articles so bought or sold, and also the sum of twelve dollars and fifty cents, to the owner of such slave or servant, to be recovered with costs against such person, by action of debt in any court having cognizance thereof, and every contract so made with such slave or servant shall be void.

XVII. And be it further enacted, That if any person shall sell any rum or other strong liquor to any such slave or servant, without the consent of the owner of such slave, or the master or mistress of such servant, such person shall forfeit for every such offence the sum of five dollars, to be recovered in the name of the owner of such slave or servant, with costs, by action of debt in any court having cognizance thereof, the one half of which forfeiture, when recovered, shall be paid by such owner to the overseers of the poor of the city or town where such offence shall be committed.

XVIII. And be it further enacted, That if any person shall, by theft or trespass committed by any such slave or servant, sustain damage to the value of twelve dollars and fifty cents or under, the owner of such slave, or the master or mistress of such servant, shall be liable to make satisfaction for the same to the party injured, to b recovered by action of debt, with costs, in any court having cognizance thereof.

XIX. And be it further enacted, That no slave shall be a witness in any case, except for or against another slave, in criminal cases.

XX. And be it further enacted, That where any slave shall hereafter be convicted in the supreme court, or in any court of oyer and terminer and gaol delivery, or general sessions of the peace, of any crime not punishable with death, or with imprisonment in the state-prison for life, it shall be lawful for the master or mistress of such slave to cause such slave to be transported out of this state: Provided, That the court before which such conviction may be had, shall have previously certified, that the crime whereof such slave shall be convicted, is of such a nature that transportation would be a proper punishment: And provided also, That such court may also inflict such other punishment on such slave as from the nature of the offence, and the course of the law, they may judge proper. 

XXI. And be it further enacted, That if any such slave shall strike a white person, it shall be lawful on proof of the same by the oath of such person, for any justice of the peace to commit such slave to gaol, who shall thereupon be tried and punished as in cases of petit larceny, according to the act, entitled, "An act declaring the powers of the courts of general sessions of the peace, and the powers and duties of justices of the peace;" but in all other cases such slave shall have the privilege of trial by jury. 

XXII. And be it further enacted, That every person being an inhabitant of this state, who shall be entitled to the service of a child born after the fourth day of July, one thousand seven hundred and ninety-nine, shall, within nine months after the birth of such child, cause to be delivered to the clerk of the city or town whereof such person shall be an inhabitant, a certificate in writing, containing the name and addition of such person, and the name, age and sex of the child so born, which certificate, whether the same be delivered before or after the said nine months, shall be, by the said clerk recorded in a book to be by him for that purpose provided, and such record thereof shall be good evidence of the age of such child, and the clerk of such city or town shall receive from said person twelve cents for every child so registered; and if any person shall neglect to deliver such certificate to the said clerk within the said nine months, such person shall forfeit and pay for every such offence five dollars, and the further sum of one dollar for every month such person shall neglect to deliver the same, to he sued for and recovered by the clerk of the city or town in which such person shall reside, the one half to the use of such clerk, and the residue for the use of the poor of such city or town.

XXIII. And be it further enacted, That if any person whatsoever within this state, shall under any colour or pretext whatever, sell as a slave, or transfer for any period whatever, any person who shall hereafter be imported or brought into this state as a slave, every person so selling or transferring such slave, and his or her factor or agent making such sale or transferring, shall be deemed guilty of a public offence, and shall for every such offence, forfeit the sum of two hundred and fifty dollars, to be recovered with costs of suit by any person who will sue for the same, by action of debt in any court of record having cognizance thereof, the one half of which forfeiture shall be paid to the treasurer of this state for the use of the people thereof, and the other half to the person who shall sue for the same to effect: And further, That every person so imported or brought into this state, and sold contrary to the true intent and meaning of this act, shall be free.

XXIV. And be it further enacted, That any person shall export or attempt to export, any slave or any servant born of a slave, and made free by virtue of this act, to any place without this state, except as is by this act provided, every person so exporting or attempting to export such slave or servant, and every person aiding or consenting to such exportation or attempt to export, shall be deemed guilty of a public offence, and shall for every such offence forfeit the sum of two hundred and fifty dollars, to be recovered and paid in like manner as the forfeiture mentioned in the last preceding section, is directed to be recovered and paid, and the slave or servant so exported, or attempted to be exported, shall be free: Provided, That nothing herein contained shall apply to any slave who shall be transported or sent out of this state pursuant to the twenty-first section of this act, or to any slave who shall be pardoned by the executive on condition of leaving this state.

XXV. And be it further enacted, That all persons heretofore manumitted by this state, and formerly the slaves of persons whose estates have been confiscated or forfeited, and who were slaves at the time of such confiscation or forfeiture, and who then and since have resided, and still reside within this state, and are unable to support themselves, shall also in like manner be maintained as paupers by the overseers of the poor of the city or town in which they shall reside at the expense of this state, and the accounts of the said overseers for such expense, being certified and approved by the mayor of such city, or by the supervisor, and a majority of the justices of such town, shall be paid by the treasurer of this state on the warrant of the comptroller in favour of such overseers, not exceeding the rate of three dollars per month.

XXXVI. And be it further enacted, That when any slave shall have been, or shall hereafter be brought or imported into this state, by any person coming into this state, with intent to reside permanently therein, and who shall have resided without this state, and also have owned such slave at least during one year next preceding the time when such person shall have come, or may hereafter come to reside permanently within this state, then and in such case every such slave, if born after the fourth day of July in the year of our Lord one thousand seven hundred and ninety-nine, shall be free, but shall remain the servant of him or her who was before the owner of such slave, and the executors or administrators of such owner, in the same manner as if such child had been bound to service by the overseers of the poor, and shall continue in such service, if a male, until the age of twenty-eight years, and if a female, until the age of twenty-five years.

XXVII. And be it further enacted, That it shall be lawful for the owner of any slave brought or imported into this state, to manumit such slave in the same manner and upon the same terms, as if such slave had been born in this state, and not otherwise: Provided, The person bringing or importing such slave shall have come into this state with intent to reside permanently therein, and shall have resided without this state, and also have owned such slave at least during one year next preceding the importing or bringing in such slave.

XXVIII. And be it further enacted, That every person so importing or bringing in such slave, shall within six months thereafter, cause to be filed such certificate as is required in and by the twenty-second section of this act, in the manner therein directed, and in case of neglect to deliver such certificate as aforesaid, such person shall forfeit and pay for every such offence five dollars, and the further sum of one dollar for every month such person shall neglect to deliver the same, to be sued for and recovered by the clerk of the city or town in which such person shall reside, to the use of the poor of such city or town.

XXIX. And be it further enacted, That every person so importing such slave, shall use all proper and reasonable means to cause such slave, if under the age of twenty-one years, to be taught reading, so as to be able to read the holy scriptures, previous to his or her arriving to the said age, subject to the same penalty for neglect, as is directed in and by the seventh section of this act.