The Law of Slavery in New Jersey:
An Annotated Bibliography
last revised April 2013
CONTENTS
- Scope
- I. Statutes
- A. Proprietary Period, entries A1-A10
- B. Colonial Period
- 1. General & Miscellaneous Acts Relating to Slavery, entries A11-A27
- 2. Revenue Acts with Assessments on Slaves, entries A28-A44
- 3. Militia & Military Enlistment Acts Exempting or Excluding Slaves, entries A45-A66
- C. Period of Statehood, entries A67-A103
- 1. General & Miscellaneous Acts Relating to Slavery, entries A67-A104
- 2. Revenue Acts with Assessments on Slaves, entries A105-A151
- 3. Militia & Military Enlistment Acts Exempting or Excluding Slaves, entries A152-A157
- II. Cases, entries C1-C72
- III. Secondary Sources, entries S1-S14
- Subject Index
SCOPE
This bibliography is part of a digital collection on The Law of Slavery in New Jersey, in the New Jersey Digital Legal Library at Rutgers-Newark Law Library. Links to the texts in the digital collection are included in the bibliography. For the collection description and acknowledgements see https://njlaw.rutgers.edu/collections/slavery/.
The bibliography does not attempt to list bills which did not become law, nor other legislative history materials. (Some references to such materials may be found in the listed secondary sources.) The compiler would appreciate notification of omissions and errors.
I. STATUTES
When two pages separated by a comma are given, the first page is where the act begins, the second page is where the quoted or cited section appears.
A. PROPRIETARY PERIOD
In the citations for the acts of this period,
- L&S = Aaron Leaming and Jacob Spicer, The Grants, Concessions and Original Constitutions of the Province of New Jersey, The Acts Passed during the Proprietary Governments ... Philadelphia: Printed by W. Bradford [1758]. Reprinted, Somerville, N.J.: Honeyman & Co., 1881, and Union, N.J.: Lawbook Exchange, 2002. [L.C. call number KFN1878 .L4] The entire work is available in PDF in the Rutgers-Newark New Jersey Digital Legal Library, at https://njlaw.rutgers.edu/collections/statutes/LS.php.
A1 "The Concession and Agreement of the Lords
Proprietors of the Province of New
Caesaria, or New Jersey ..." [5th part], "And that the planting of the said province...,"
L&S 12, 20-23 (Feb.10,1664), N.J.Archives (1st ser.) 1:28, 37-40.
Includes servants and slaves as part of the basis for allocation of
land to person settling in the province. The texts in the two different sources
differ considerably.
TEXT FROM L&S
TEXT FROM N.J.Archives
(text from N.J.Archives also available on N.J. State Library web site at
https://www.njstatelib.org/Research_Guides/Historical_Documents/nj/CONCESS5.html).
A2 East New Jersey, "Capital Laws" (enacted Dec.9, 1675), section XXXIV, L&S 109 Penalizes transportation of fugitive slaves. TEXT OF SECTION
A3 "The Charter or Fundamental Laws of West
New Jersey, agreed upon," ch. XXII,
L&S 393,398. (1676). Includes general provision against slavery.
TEXT OF CHAPTER
(For text of full document, see
https://www.njstatelib.org/Research_Guides/Historical_Documents/nj/NJ05A.html)
A4 East New Jersey Laws, March 1682, ch. VIII, "A Bill for the General Laws of the Province of East New-Jersey," section XXVI, L&S 237. Requires masters to provide sufficient food and clothing to slaves. TEXT OF SECTION
A5 East New Jersey Laws, March 1682, ch. IX, "A Bill against fugitive Servants, and entertainers of them," L&S 239. Penalizes transport of slaves and harboring or helping runaway slaves. TEXT OF ACT
A6 East New Jersey Laws, March-May 1682, ch.IV, "An Act against Trading with Negro Slaves," L&S 254-255. TEXT OF ACT
A7 West New Jersey Laws, November 1685, ch.VII, "An Act for supressing selling Rum, &c. to Negroes, or Indians," L&S 512. TEXT OF ACT
A8 East New Jersey Laws, October 1694, ch.II, "An Act concerning Slaves, &c.," L&S 340-342. Slaves not to carry guns or take dogs into the woods or plantations; slave owners not to allow slaves to keep swine not belonging to slave owner; other persons not to let slaves stay in their houses over two hours without owner's consent; slaves found over five miles from owner's home to be apprehended as runaways; no one to give a gun to a slave. TEXT OF ACT
A9 East New Jersey Laws, February-March 1695, ch.III, "An Act concerning Negroes," L&S 356-357. Provisions for trial and punishment of slaves for felony or murder and for stealing livestock or provisions. TEXT OF ACT
A10 Instructions for Lord Cornbury, Nov.16,1702, L&S 619-646. Provisions relating to slaves at 640 and 642. TEXT
B. COLONIAL PERIOD
In the citations for the acts of this period,
- Allinson = Samuel Allinson, Acts of the General Assembly of the Province of New Jersey (1776)
- Kinsey = [John Kinsey], Acts of the General Assembly of the Province of New Jersey (1732)
- Nevill = Samuel Nevill, Acts of the General Assembly of the Province of New Jersey (v.1,1752; v.2,1761)
- Bush = Bernard Bush, Laws of the Royal Colony of New Jersey (New Jersey Archives, Third Series, volumes 2-5, published 1977-1986). [call no. KFN 1825.2 1703]
The acts as originally published, and as reproduced in Bush, do not include section numbering. The texts in this digital collection are based on those in Bush, but we have added section numbers, in brackets, where possible following Allinson's section-numbering, which differs from Nevill's.
1. GENERAL & MISCELLANEOUS ACTS RELATING TO SLAVERY
A11 "An Act for Regulating Negro, Indian and Mallatto Slaves within this Province of New- Jersey," Dec.12, 1704, 2 Bush 28-30. Repealed by an order of Council, Oct.24,1709. No one to buy anything from or sell anything to a slave; slaves found over ten miles from master's home to be apprehended and whipped and returned; slaves from other provinces without written license from masters to be whipped and jailed; provisions for trial and punishment of slaves for various crimes; baptism not to be grounds for freeing slave; children of slaves not to own land; other persons not let slaves stay in their houses over two hours without master's consent. TEXT OF ACT
A12 "Representation of the Lords of Trade to the Queen, relative to an Act passed in 1704, for Regulating Negro, Indian and Mulatto Slaves &c in New Jersey, " Oct. 18,1709, N.J. Archives, 1st Series, Documents Relating to Colonial History of the State of New Jersey, 3:473-474. TEXT OF DOCUMENT
A13 "An Act for Regulating of Slaves, Mar.11, 1713/14, 2 Bush 136-140; Kinsey ch. XLI, p.26-32; 1 Nevill [12 & 13 Anne] ch.X, p.18-24; Allinson ch.XXXIX, p.18-21. No one to buy anything from or sell anything to a slave; slaves found five miles from master's home without permission to be whipped and returned; slaves from other provinces without permission to be whipped and jailed; provisions for trial and punishment of various crimes by slaves; provision for compensation to be paid to owners of slaves executed for crimes; penalty for keeping other person's slaves without owner's consent; free slaves not to hold real property; master freeing slave must provide for annual support payment. Note: 4th-7th sections repealed by 1768 act (A23), and 14th section repealed by 1769 act (A24). See cases C1, C4, C23, C28, and C35. TEXT OF ACT
A14 "An Act for laying a Duty on Negro, Indian and Mullatto Slaves imported and brought into this Province," Mar.11, 1713/14, 2 Bush 163-164. Imposed an import duty of ten pounds per slave. By its own terms, this act was to be in force just seven years, starting June 1,1716. TEXT OF ACT
A15 "An Act to prevent the Killing of Deer out of Season, and against Carrying of Guns and Hunting by Persons not qualified," May 5, 1722, 2 Bush 293, 295; 1 Nevill [8 Geo. I] ch.XXXV, §6, p.102. Section relates to punishment of offending slaves. TEXT OF SECTION
A16 "An Act for regulating Taverns, Ordinaries, Inn-keepers and Retailers of strong Liquors," Mar.15,1739, 2 Bush 493, 496; 1 Nevill [12 Geo. II] ch.LX, §9, p.242-243; Allinson ch.CLVIII, §8, p.105. Penalizes harboring or giving liquor to slaves. TEXT OF SECTION
A17 "An Act to enable the Inhabitants of the County of Middlesex to build a Work-House and House of Correction . . ." Dec. 16, 1748, 3 Bush 130, 135; 1 Nevill [22 Geo. II] ch. CIII, §19, p.416; Allinson ch. CCXXV, §18, p.185. Punishment of slaves for misdemeanors or rude or disorderly behavior. TEXT OF SECTION
A18 "An Act to restrain Tavern-keepers and others from selling strong Liquors to Servants, Negroes and Molatto Slaves, and to prevent Negroes and Molatto Slaves, from meeting in large Companies, from running about at Nights, and from hunting or carrying a Gun on the Lord's Day," Oct. 25,1751, 3 Bush 180-181; 1 Nevill [25 Geo. II] ch.CXI, p.443-444; Allinson ch. CCXLI, p.191-192. Note: Allinson gives date as Oct.23,1751. TEXT OF ACT
A19 "An Act to enable the Mayor, Recorder, Aldermen, and Common Councilmen, of the free Borough and Town of Elizabeth, to build a Poor House, Work-House, and House of Correction within the said Borough ...," June 21, 1754, 3 Bush 288, 291; 2 Nevill [27 Geo. II] ch.CXIX, §10, p.29; Allinson ch. CCLXI, §9, p.201. Punishment of slaves for misdemeanors or rude or disorderly behavior. TEXT OF SECTION
A20 "An Act to regulate the Size of Traps to be hereafter set in this Colony," Dec.5, 1760,[§1], 4 Bush 52; 2 Nevill [1 Geo.III] ch. CLVI p.365: Provided for slaves to be punished by whipping, for an offense for which others were punished by fine. Replaced by 1769 act (A25). TEXT OF SECTION
A21 "An Act for laying a Duty upon Negroes and Mulatto Slaves, imported into this Province," 1762, 4 Bush 171-175. TEXT OF ACT
A22 "An Act for laying a Duty on the Purchasers of Slaves imported into this Colony," June 24, 1767, 4 Bush 435-436. TEXT OF ACT
A23 "An Act to regulate the Trial of Slaves for Murder, and other Crimes . . . ," May 10, 1768, 4 Bush 480-481; Allinson ch. CCCCLXXV, p.307-309. This act replaced the 4th-7th sections of the Act for Regulating of Slaves of March 11, 1713/14 (A13). Cited by argument in case C35. TEXT OF ACT
A24 "An Act for laying a Duty on the Purchasers of Slaves imported into this Colony," Nov.16, 1769, 4 Bush 510-512; Allinson ch. CCCCXCIV, p.315-317. Includes provisions on manumission (§4) and maintenance (§5). Repeals §14 of A13. See cases C28 and C35. TEXT OF ACT
A25 "An Act for the more effectual Preservation of Deer in this Colony," Dec.6, 1769,[§7], 4 Bush 582, 583: Prohibited setting traps heavier than five pounds, and provided for whipping instead of fine as the punishment if the offender was a slave. This act repealed the 1760 act (A20), and was repealed by the 1771 act (A26). TEXT OF SECTION
A26 "An Act for the Preservation of Deer, and other Game, and to prevent trespassing with Guns," Dec.21, 1771, 5 Bush 69,70; Allinson ch. DXL §7, p.345: This act, replacing the 1769 act (A25), carried forward the same provision for whipping slaves in lieu of fine. TEXT OF SECTION
A27 "An Act to provide a more effectual Remedy against excessive costs in the Recovery of Debts above Ten Pounds . . . " Dec.6, 1775, §8, 5 Bush 337, 339, Allinson ch. DCXXXIV, p. 491 (persons confined for fines may be sold for up to 5 years). TEXT OF SECTION
2. REVENUE ACTS WITH ASSESSMENTS ON SLAVES
A28 "An Act for Raising a Revenue for the Support of Her Majesties Government within this Province of New-Jersey, for two Years," Dec.12,1704, [§3], 2 Bush 11,12. Slaves twelve years old or older were valued at twenty pounds each. TEXT OF SECTION
A29 "An Act for Support of this Her Majesties Government of Nova Caesarea or New-Jersey, for One Year," Apr.4, 1709, [§4] 2 Bush 45,47. Slaves fourteen years old or older, if not superannuated or disabled, were valued at twenty pounds. TEXT OF SECTION
A30 "An Act for Support of this Her Majesties Government of Nova-Caesarea or New- Jersey," Feb.10, 1710/11, [§§ 15 & 17], 2 Bush 89, 92-93. Assessed working slaves older than fourteen years and younger than fifty years at fifteen Pounds each. TEXT OF SECTIONS
A31 "An Act for the Support of the Government of his Majesties Province of New-Jersey in America for three years," Jan.25, 1716/17, 2 Bush 213, 218: Slaves sixteen years old and older valued at twelve pence each. TEXT OF PROVISION
A32 "An Act for the Support of the Government of His Majesties Province of New-Jersey for two Years . . .." Mar.27, 1719, 2 Bush 231, 233. Slaves sixteen years old and older valued at twelve pence each. TEXT OF PROVISION
A33 "An Act for the Support of the Government of His Majesty's Province of New-Jersey, for Five Years ...", May 5, 1722, 2 Bush 277, 279. Male slaves sixteen years and older rated at one shilling each. TEXT OF PROVISION
A34 "An Act for the Support of the Government of His Majesty's Province of New-Jersey, for Five Years ...", Aug.23, 1725, 2 Bush 340, 344. Male slaves sixteen years and older rated at one shilling each. TEXT OF PROVISION
A35 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1752, 3 Bush 195, 201. For the period Aug.10,1751 to Nov.21,1752, male slaves sixteen years and older rated at two shillings and eight pence. TEXT OF PROVISION
A36 "An Act for Levying a Fund at different periods by Provincial Taxes . . .," 1753, 3 Bush 219, 221. (One shilling). TEXT OF PROVISION
A37 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1753, 3 Bush 234, 239. (One shilling.) TEXT OF PROVISION
A38 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1754, 3 Bush 269,275. (Nine pence.) TEXT OF PROVISION
A39 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1755, 3 Bush 327,333. (One shilling.) TEXT OF PROVISION
A40 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1756, 3 Bush 393, 398. (One shilling.) TEXT OF PROVISION
A41 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1757, 3 Bush 472, 476-77 (One shilling.) TEXT OF PROVISION
A42 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1758, 3 Bush 581, 586 (One shilling.) TEXT OF PROVISION
A43 "An Act for the Support of Government of His Majesty's Colony of New-Jersey . . . ," 1759, 3 Bush 639, 644 (One shilling.) TEXT OF PROVISION
A44 "An Act to settle the Quotas of the several Counties in this Colony, for the levying Taxes," Dec.6, 1769, 4 Bush 547, 550. (Four shillings) TEXT OF PROVISION
3. MILITIA & MILITARY ENLISTMENT ACTS EXEMPTING OR EXCLUDING SLAVES
A45 "An Act for the Settling the Militia of this Province," Dec. 12, 1704 , 2 Bush 15,19. TEXT OF SECTION
A46 "An Act for settling the Militia of this Province," Apr.4, 1709, [§1], 2 Bush 49. TEXT OF SECTION
A47 "An Act for settling the Militia of this Province," Mar.11, 1713/14, [§1], 2 Bush 133. TEXT OF SECTION
A48 "An Act for settling the Militia of this Province," May 5, 1722, [§1], 2 Bush 289. TEXT OF SECTION
A49 "An Act for setling the Militia of the Province of New-Jersey," 1730, [§1], 2 Bush 410,411. TEXT OF SECTION
A50 "An Act for better settling and regulating the Militia of this Colony of New Jersey ...," May 8, 1746, [§1], 3 Bush 5. TEXT OF SECTION
A51 "An Act to encourage the Inlisting of Five Hundred Freemen, or native well-affected Indians, in this Colony of New-Jersey, for His Majesty's Service, in the present Expedition against Canada . . . ," 1746, [§4], 3 Bush 15, 17. TEXT OF SECTION
A52 "An Act to encourage the Inlisting of Five Hundred Free Men, or well affected Indians in this Colony of New-Jersey, for His Majesty's Service, in the present Expedition, in Conjunction with the Forces of New-England and New-York, for the erecting a strong Fortress near Crown Point . . . , " 1755, [§5], 3 Bush 307, 309. TEXT OF SECTION
A53 "An Act for raising two Hundred and Fifty able Bodied free Men as Volunteers . . . ," March 16, 1756, [§3], 3 Bush 385, 386 TEXT OF SECTION
A54 "An Act for the better Regulation of the Forces upon the Frontiers of the Colony of New- Jersey in the County of Sussex . . . ," June 2, 1756, [§18], 3 Bush 425, 433-434. TEXT OF SECTION
A55 "An Act for compleating the Regiment, in the Pay of the Colony of New-Jersey to the Number of Five-Hundred effective Men . . . ," 1757, [§5], 3 Bush 455, 456. TEXT OF SECTION
A56 "An Act for the raising and maintaining One Hundred and Twenty effective Men, for the Defence of the Frontiers of the Colony of New-Jersey," 1757, [§3], 3 Bush 495. TEXT OF SECTION
A57 "A Supplementary Act to the Act entituled, An Act for better settling and regulating the Militia . . . ," 1757, [§1], 3 Bush 502, 503. TEXT OF SECTION
A58 "An Act for making current Thirty Thousand Pounds in Bills of Credit for his Majesty's Service in the present War," 1757, [§14], 3 Bush 517, 522-523. TEXT OF SECTION
A59 "An Act for augmenting the Regiment of this Colony of New-Jersey, to the Number of One Thousand effective Men . . . ," 1758, [§5], 3 Bush 539, 540-541 TEXT OF SECTION
A60 "An Act for further Defence of the Frontiers of the Colony of New-Jersey," 1758, [§3], 3 Bush 563, 563-564. TEXT OF SECTION
A61 "An Act for raising One Thousand effective Volunteers . . . ," March 15, 1759, [§5], 3 Bush 621, 622-623. TEXT OF SECTION
A62 "An Act for raising One Thousand effective Volunteers . . . ," March 25, 1760, [§5], 3 Bush 663, 664-65 TEXT OF SECTION
A63 "An Act for raising Six Hundred effective Volunteers . . . ," 1761,[§5], 4 Bush 73, 74-75. TEXT OF SECTION
A64 "An Act to Compleat the New-Jersey Regiment to Six Hundred and Sixty-six effective Volunteers . . . ," 1762, [§5], 4 Bush 125, 126-127. TEXT OF SECTION
A65 "An Act for making current Ten Thousand Pounds in Bills of Credit . . . ," 1763, [§18], 4 Bush 207, 213-214. TEXT OF SECTION
A66 "An Act for raising a Number of Men, in the usual Proportion, not exceeding Six Hundred . . . ," 1764, [§5], 4 Bush 289, 290-291 TEXT OF SECTION
C. PERIOD OF STATEHOOD
In the citations for statutes of this period,
- Acts ... G.A. = Acts of the ... General Assembly of the State of New Jersey (spine title: "Laws of New Jersey"; also known as "Pamphlet Laws" and "session laws")
- Bloom. = Joseph Bloomfield, Laws of the State of New-Jersey (1811)
- Elm.Dig. = Lucius Q.C. Elmer, A Digest of the Laws of New Jersey (1838)
- Nix.Dig.1855 = John T. Nixon, A Digest of the Laws of New Jersey , 2d ed. (1855)
- Nix.Dig.1861 = John T. Nixon, A Digest of the Laws of New Jersey , 3d ed. (1861)
- Pat. = William Paterson, Laws of the State of New Jersey (1800)
- Penn. = William S. Pennington, Laws of the State of New Jersey (1821) (cited in some sources as "Rev.L.")
- Revision of 1846 =
Statutes of the State of New Jersey, Revised (1847) (This is the primary source for the revision acts approved in April 1846, which do not appear in the session laws.) - Wilson = Peter Wilson, Acts of the Council and General Assembly of the State of New-Jersey (1784)
1. GENERAL & MISCELLANEOUS ACTS RELATING TO SLAVERY
A67 "A Supplement to the Act, intitled, An Act to explain and amend an Act, intitled, An Act to prevent the Subjects of this State from going into, or coming out of, the Enemy's Lines, without Permissions or Passports, and for other Purposes therein mentioned," Dec. 25, 1779, Acts 4th G.A. 1st sitting, Chap. XXI, §§6-8, p.48, p.50, Wilson Appendix, No.VII, 13, 15-16. TEXT OF SECTIONS
A67.1 "An Act more effectually to prevent the Inhabitants of this State from trading with the Enemy, or going within their Lines, and for other Purposes therein mentioned," Dec.22, 1780, Acts, 5th G.A., Chap.V, §2, p.12. "That if any Indian or Negro, whether Free or in Bondage, shall commit any of the Offences prohibited by this Act, and shall be thereof indicted and convicted in Manner aforesaid, such Indian or Negro so offending shall have Judgment of Imprisonment, whipping, cropping, pillorying; or, if a Male, to serve on Board of any Vessel of War, in like Manner as herein before is directed."
A67.2 "An Act for preventing an illicit Trade and Intercourse between the Subjects of this State and the Enemy," June 24, 1782, Acts 6th G.A. 2nd sitting, Chap. XXXII, §25, p.95, p.103. "That if any Minor or Slave shall voluntarily and of his own free Will and Acord be guilty of an Offence described in this Act, such Minor or Slave shall be sentenced to receive any Number of Lashes, not exceeding thirty-nine, on his bare Back, at the Discretion of any two Justices of the Peace of the County; ..."
A67.3 "An Act to procure an Estimate of the Number of Inhabitants in the State of New Jersey," Dec. 24, 1783, Chap. CCCCVII, §1 Wilson 387-388. Number of slaves to be entered in separate column in accounts.
A68 "An Act for setting free Peter Williams, a Negro, late the Property of John Heard," Sept.1, 1784, Acts 8th G.A. 2nd sitting, ch.LIII, p.110. Master fought for the enemy, slave fought in the Continental Army. TEXT OF ACT
A69 "An Act to prevent the Importation of Slaves into the State of New-Jersey, and to authorize the Manumission of them under certain Restrictions, and to prevent the Abuse of Slaves," March 2, 1786, Acts 10th G.A. 2nd sitting, ch. CXIX, p.239-242. Provided two different penalties for bringing a slave into the state, depending whether slave had been imported from Africa before or since 1776; slave owner moving into the state could bring with him only slaves imported before 1776. Slaves could be manumitted only if between 21 and 35 years old. Freed slaves who committed non-capital crimes to be exiled, and to be sold if returning during period of exile. Travel of freed slaves within state conditioned on carrying certificate showing which township they were freed in. See case C52. TEXT OF ACT
A69.5 "An Act to regulate the Mode of Fishery in Hackinsack River, in the County of Bergen," Nov.2, 1786, Acts 11th G.A. 1st sitting, Chap. CLIX, p.337. Slave, apprentice, or servant setting illegal net to be jailed at expense of master or mistress until fine paid.
A70 "An Act for setting free Negro Prime," Nov.21,1786, Acts 11th G.A. 1st sitting, ch. CLXXVI, p.368. Slave was forfeited property of Loyalist master. See case C10. TEXT OF ACT
A71 "A Supplement to an Act, intitled 'An Act to prevent the Importation of Slaves into the State of New-Jersey . . .,'" Nov.26, 1788, Acts 13th G.A. 1st sitting, ch. CCXLIV, p.486-488. Forfeiture of vessels fitted out for slave trade. Slaves who have been in New Jersey twelve months or more not to be removed from state without their consent, unless owner is moving out of state. Trial and punishment of crimes by Negroes and mulattos, whether slave or free, to be in same manner as for other inhabitants. Slaves born after publication of this act to be taught to read. TEXT OF ACT
A72 "An Act for setting Free Negro Cato," Nov.25,1789, Acts 14th G.A. 1st sitting, ch. CCLXIX, p.538. Slave was forfeited property of a Loyalist master. TEXT OF ACT
A72.5 "An Act to vest the Title of two certain Lots of Land, in the Township of Shrewsbury, and County of Monmouth, in Abigail Bowman, Widow of Henry R. Bowman, deceased," June 6, 1793, Acts 17th G.A. 2d sitting, Chap. CCCCXXXVIII, p. 868-869. " . . . except the Negro Boy named Joseph and the Negro Girl named Maria, liberated by the Will of the said Henry R. Bowman, who are hereby made free as the said Will directs . . . "
A73 "An Act for the Manumission of certain Negro Slaves, late the property of William Burnet, deceased," Feb.17,1794, Acts 18th G.A. 1st & 2nd sittings, ch. CCCCLXIII, p. 894-895. Freed ten slaves, and, for four minors among them, appointed guardians and made decedent master's estate liable for their maintenance. TEXT OF ACT
A74 "An Act for the punishment of crimes," March 18, 1796, §69, Acts 20th G.A. 2nd sitting, ch.DC, p.92, 111, Pat. 208, 220-221, Penn. 244, 262-263: "That the court or justices, before whom any negro, Indian or mulatto slave shall be convicted, of any offence not punishable with death, shall have authority to impose, instead of the punishment by this act prescribed, such corporal punishment, not extending to life or limb, as such court or justices in their discretion shall direct."
A75 "An Act respecting Slaves," March 14, 1798, Acts 22nd G.A. 2nd sitting, ch. DCCXXVII, p. 364-373; Pat. 307-313, Penn. 369-377, Elm.Dig. "Slaves" §§1-27, p.520-525. TEXT OF ACT
- §1. Slaves at time of act to continue as such unless manumitted. See case C64.
- §2. Slaves not be witnesses, except in criminal case of another slave.
- §3. No buying from or selling to slave without consent on master.
- §§4,5. Penalties for harboring another's slave. See cases C48, C51, C53, and C59.
- §6. Finder of slave ten miles from master's home without permission to have reward for returning slave to master.
- §7. Slaves from other states here without permission to be jailed. Replaced by Act of Dec.26,1826 (A92).
- §8. Disorderly or riotously assembled slaves liable to be jailed or whipped.
- §9. Slaves away from master's house after ten at night, or hunting or carrying gun on Sunday, liable to be jailed or whipped.
- §10. Owner not to permit slave to beg.
- §11. Invalidates collusive or fraudulent sale of an aged or decrepit slave to anyone unable to maintain that slave.
- §§12-14. Bringing slave into state for sale prohibited; N.J. citizens may bring in their own slaves, if certified as being their property before passage of this act.
- §15. Abuse of slaves indictable.
- §16. Slaves born since Nov.26,1788 to be taught to read.
- §§17-19. Provisions against use of vessels for slave trade.
- §20. Slaves resident for twelve months not be removed from state without their consent. Replaced by Act of Feb.1,1812 (A84).
- §§21-25. Manumission provisons. Lawful to manumit slaves ages 21 to 40, if certified sound in mind and capable of their own support; others may be manumitted with bond of support by owner. See cases C36, C52 and C62.
- §26. Slave owners obligated to support slaves if not manumitted. See cases C49, C50, and C61.
- §§27-28 Certificate of freedom required for free Negro from another state to travel or live in N.J, or for Negro freed in N.J. to travel outside the county where freed.
- §29. Procedure for habeas corpus to remove Negro etc. from possession of person claiming service.
- §30. Repeal of prior acts.
A76 "An Act for the establishment of Work-houses in the several counties of this state," Feb.20,1799, §§5 & 6, Acts 23rd G.A. 2nd sitting, ch. DCCLXXVII, p. 499, 500-501, Pat.378,379, Penn. 443,444. Any "stubborn, disobediant, rude or intemperate slave or male servant" could be committed to the work-house by a justice of the peace on complaint of the master or mistress, the latter to pay for food. TEXT OF SECTIONS
A77 "A Supplement to the Act, intitled, 'An Act for the Punishment of Crimes,' passed March 18,1796'," March 7, 1801, Acts 25th G.A. 2nd sitting, ch.XXXV, p.77-78, Bloom. 23-25. Slaves convicted of crimes may be sent out of state. TEXT OF ACT
A78 "An Act for the Gradual Abolition of Slavery," Feb.15, 1804, Acts 28th G.A. 2nd sitting, ch.CIII, p.251-254, Bloom. 103-105. Children born to slaves after July 4, 1804 to be free, but remain servants of slave's owner until 25 years old if male, 21 if female. Owner may abandon such children within one year after birth, and such abandoned children became when one year old paupers maintained by the county or township. See cases C64 and C65. TEXT OF ACT
A79 "An act supplementary to the 'act respecting slaves'," Dec.3, 1804, Acts 29th G.A. 1st sitting, ch.CLV, p.460-463, Bloom. 141-143. Manumission valid if signed by only one overseer of poor if town had only one. Requirements for certificate of manumission to be valid and admitted in evidence; recordation of manumission. TEXT OF ACT
A80 "An act to repeal the third section of an act, entitled, 'An act for the Gradual Abolition of Slavery,' . . . ," March 6, 1806, Acts 30th G.A. 2nd sitting, ch. CVII, p.668, Bloom. 106. Repealed the section allowing abandonments, but did not invalidate abandonments that had already occurred. TEXT OF ACT
A80.5 "A Supplement to the act entitled 'An act to regulate the election of members of the legislative council and general assembly, sheriffs and coroners in this state,' passed at Trenton the twenty-second day of February, one thousand seven hundred and ninety-seven," November 16, 1807, §1, Acts 32nd G.A. 1st sitting, ch. II, p.14, Bloom. 33. Limited the right to vote to free, white males. TEXT OF SECTION
A81 "An additional supplement to the act, entitled 'An act for the gradual abolition of slavery' . . . ," Nov.26, 1808, Acts 33rd G.A. 1st sitting, ch. XXXI, p.112-113, Bloom. 106-108. Provision for binding out of abandoned children of slaves. TEXT OF ACT
A82 "An additional Supplement to the act entitled An Act for the gradual abolition of slavery . . . ," Nov.27, 1809, Acts 34th G.A. 1st sitting, ch. LII, p.200-201. Payments for maintenance of abandoned black children require local authority's certificate of bona fide maintenance agreement. TEXT OF ACT
A83 "An Act concerning the Abolition of Slavery," Feb.22,1811, Acts 35th G.A. 2nd sitting, p.313-314, Bloom. 108-109. State payments for maintenance of abandoned black children to cease in May 1811. TEXT OF ACT
A84 "An Act supplemental to the act entitled An act respecting slaves," Feb.1,1812, Acts 36th G.A. 2nd sitting, p.15-18. Provisions against removal from state without consent. Replaces §20 of Act of 1798 (A75). Replaced by Act of Nov.5,1818 (A85). TEXT OF ACT
A85 "An act to prohibit the exportation of Slaves or Servants of Colour out of this State," Nov.5,1818, Public Acts 43rd G.A.[1st & 2nd sittings], p.3-6. Replaced act of Feb.1,1812 (A84). TEXT OF ACT
A86 "A supplement to the act, entitled 'An act to prohibit the exportation of slaves or servants of colour out of this state'," Feb.19, 1819, Public Acts 43rd G.A. [1st & 2nd sittings], p.31. Lawful for temporary residents to take their slaves with them when leaving the state. TEXT OF ACT
A87 "An act for the gradual abolition of slavery, and for other purposes respecting slaves," Feb.24,1820, Acts 44th G.A. [1st & 2nd sittings], p.74-80; Elm.Dig. "Slaves" §§28-48, p.525- 529; Penn.679-685; Revision of 1846, Title XI, ch.5, §§1-3, p.380-381; Nix.Dig. 1855 p.758- 759; Nix.Dig. 1861 p.801-802. (Repealed by Laws of 1930, ch.37, p. 93, p.137.) A general compilation and re-enactment of prior provisions. See cases C54, C62, C64, and C65. TEXT OF ACT
A88 "A Supplement to the act, entitled 'An act for the punishment of crimes' [18 Mar.1796]," May 31, 1820, §§5 & 6, Public Acts 44th G.A. [3rd sitting], p.134-135; Penn. 735, 736. Deportation of slaves provided as an alternative to other punishment. TEXT OF SECTIONS
A89 "A Supplement to an act, entitled 'An act for the settlement and relief of the poor [Mar.11,1774],' June 10, 1820, §§6-8, Public Acts 44th G.A. [3rd sitting], p.166, 168-169; Penn. 763,765; Elm.Dig. "Poor" §§34-36, p.416-417. Included in "An Act for the settlement and relief of the poor," revision approved April 10, 1846, §§29-31, Revision of 1846, Title XXXII, ch.1, p.877, 892; Nix.Dig. 1855 p.614-615; Nix.Dig. 1868 p.714-715; and revision approved March 27, 1874, §§33-35, Revision of 1877, p.844; General Statutes 1895, p.2511; Compiled Statutes 1910, p.4025. (Repealed by P.L.1930, c.37, p.93,171.) Provisions on legal settlement of children of slaves. See cases C65 and C66. TEXT OF ACT
A90 "A further supplement to the act entitled 'An act for the punishment of crimes,' [18 Mar.1796]. . . ," Nov.3, 1820, Public Acts 45th G.A. [1st sitting], p.203-204; Penn. 793. Governor could empower owner to send convicted slave out of state. Replaces §§5 & 6 of Act of May 31,1820 (A88). Replaced by Act of Feb.17,1829, §88 (A93). TEXT OF ACT
A90.5 "An act to authorize the Reverend John Boyd to take out of this state certain people of color, therein particularly named," Nov.3, 1820, Private & Temporary Acts 45th G.A., p. 139. TEXT OF ACT
A90.7 "A Further Supplement to the act entitled 'An act for the punishment of crimes, passed the eighteenth day of March, one thousand seven hundred and ninety-six," Dec.21, 1824, §2, Acts 49th G.A. p.79, p.80. Concerns punishment of slave convicted of assault with intent to kill. TEXT OF SECTION
A91 "Resolutions relative to the gradual emancipation of people of color and their colonization in a foreign country," Dec.30, 1824, Acts 49th G.A. , p.191. TEXT OF RESOLUTIONS
A91.5 "An Act for the manumission of Robert Gumber," Dec. 8, 1825, Acts 50th G.A. p. 71. TEXT OF ACT
A92 "A Supplement to an act entitled 'An act concerning slaves'," Dec.26, 1826, Acts 51st G.A. [1st sitting], p.90-93; Elm.Dig. "Slaves" §§49-57, p.529-531. Procedure regarding fugitive slaves from other states. Replaces §7 of Act of Mar.14,1798 (A75). TEXT OF ACT
A93 "An Act for the punishment of crimes," Feb.17, 1829, §§69, 88, Acts 53rd G.A. 2nd sitting, p. 109, 129, 132; Elm.Dig.116. Provision for corporal punishment of slaves, and for sending slaves out of state. Replaces Act of Nov.3, 1820 (A90). TEXT OF SECTIONS
A93.5 "An Act for the relief of Sharp Halsey, a colored man, of the county of Morris," Mar.7, 1832, Acts 56th G.A. 2nd sitting, p.107-108. Former slave whose instrument of manumission was unrecorded and lost, confirmed as free colored man. TEXT OF ACT
A93.7 "An Act for the relief of Baas Staats Bergen," Jan.26, 1837, Acts 61st G.A. 2nd sitting, p.72-73. Former slave who bought freedom declared free. TEXT OF ACT
A94 "A further supplement to an act entitled, 'An act concerning slaves'," Feb.15, 1837, Acts 61st G.A. 2nd sitting, p.134-136. Revised procedure regarding fugitive slaves from other states. TEXT OF ACT
A94.3 "An Act for the relief of Severn Martin, a coloured man, of the county of Burlington," Mar.6, 1837, Acts 61st G.A., 2nd sitting, p.337-338. Former slave confirmed as free. TEXT OF ACT
A95 "An act for the relief of Caesar Jackson, of Bergen County," Feb.4, 1840, Acts 64th G.A. 2nd sitting, p.19-20. Declared former slave, born before 1804, to be free, as requested in will of deceased owner. TEXT OF ACT
A95.3 "An act for the relief of York Mulford, a colored man, of the county of Morris," Feb. 16, 1842, Acts 66th G.A. 2nd sitting, p.47-49. Former slave confirmed as free. TEXT OF ACT
A95.4 "An Act to authorize John Dilts to sell certain Real Estate, formerly occupied by Thomas Wilson," Feb.21, 1842, Acts 66th G.A., 2nd sitting, p.64-67. Act appointed a trustee to sell land formerly conveyed to and occupied by a slave, now deceased, who had legally been unable to own the land. EXCERPTS FROM ACT
A96 "An act to confirm the manumission of certain slaves," Feb.28, 1844, Acts 68th G.A. 2nd sitting, p.138-139; Revision of 1846, Title XI, ch.4, p.380; Nix.Dig. 1855 p.758; Nix.Dig. 1861 p.801. (Repealed by Laws of 1930, ch.37, p. 93, p.137.) Confirmed prior manumissions with only one witness (if not already adjudicated). TEXT OF ACT | PDF of Act (as found in Revision of 1846)
A96.5 "An Act respecting apprentices and servants," revision approved April 10, 1846, §5, Revision of 1846, Title XI, ch.1, p.370, 371-372; Nix.Dig. 1855 p.23; Nix.Dig. 1861 p.25-26; Nix.Dig. 1868 p.27-28. Provisions for adjudicating disputes between master and servant, applied by §14 of the abolition act (A98) to the apprentices created by that act. TEXT OF ACT
A97 "An Act concerning fugitive slaves," revision approved April 15, 1846, Revision of 1846, Title XXI, ch.6, p.567-572; Nix.Dig. 1855 p.764-767; Nix. Dig. 1861 p.807-810. TEXT OF ACT
A98 "An Act to abolish slavery," revision approved April 18, 1846, Revision of 1846, Title XI, ch.6, p.382-390; Nix.Dig. 1855 p.759-764; Nix.Dig. 1861 p.802-807. (Repealed by Laws of 1930, ch.37, p. 93, p.137.) Existing slaves were made apprentices. Children born to them hereafter to be absolutely free from birth. Provisions for discharge from apprenticeship, settlement, harboring, etc., very similar to prior provisions pertaining to slaves. §14 applies adjudicatory provisions of the apprentices and servants act (A96.5). Per §17, sale of apprentices to be only with their written consent. TEXT OF ACT | PDF of Act
A99 Joint resolution "Relative to the extension of slavery in any territory which may be annexed to the United States," Feb.16, 1847, Acts 71st Legislature, p.188-189. TEXT OF RESOLUTION
A100 Joint resolution "Against the extension of slavery into free territory and the traffic in slaves in the District of Columbia," March 2, 1849, Acts 73rd Legislature, p.334-335. TEXT OF RESOLUTION
A101 "An Act making appropriations to the New Jersey Colonization Society," March 24, 1852, Acts 76th Legislature, ch. CLVI, p.373. Provided two years of appropriations for transport and subsistence of free persons of color to western Africa. Extended five years by Act of Mar.17,1855 (A103). TEXT OF ACT
A102 "A further supplement to the act entitled 'An act for the settlement and relief of the poor,' approved April the tenth, eighteen hundred and forty-six," March 10, 1853, §3, Acts 77th Legislature, ch. CXLVI, p.374, 375; Nix.Dig. 1855 p.616 §40; Nix.Dig. 1868 p.716 §40; included in "An act for the settlement and relief of the poor," revision approved March 27, 1874, §21, Revision of 1877 p.841; General Statutes 1895, p.2508; Compiled Statutes 1910, p.4020. (Repealed by P.L. 1930, ch.37, p.93, 171.) Provided for the removal of "poor colored servants" with a right of support to the municipality where they last served. TEXT OF SECTION
A103 "An Act to encourage the emigration and settlement of the free people of color of New Jersey in Liberia," March 17, 1855, Acts 79th Legislature, ch. CXIX, p.321. Revived and extended Act of Mar.24,1852 (A101) for five years. TEXT OF ACT
A104 "An Act to confirm the deed of manumission of the
slave Joseph, executed in the name of Simon Nevius, as the act and deed of David
Nevius, late of the township of Branchburg, in the county of Somerset, and state
of New Jersey," March 20, 1857, Acts 81st Legislature, ch. CLXXI,
p.467-468.
TEXT OF ACT
A105 "An Act to raise a Fund by Taxation for discharging the
Debts and defraying the necessary Expences of the State of New Jersey," March 26, 1778,
Acts 2nd G.A. 2nd sitting, Chap. XXIII, p.57: "Every Male Slave of sixteen
Years old and upwards, except such as are not able to work, shall be rated the Sum of
Fifteen Shillings."
A106 "An Act to raise the sum of One Hundred Thousand Pounds by
Taxation . . ." Dec.5,1778, Acts 3rd G.A. 1st sitting, Chap. VI, p.9:
"Every Slave, being a Male of sixteen Years old and upwards, except such as are not able to
work, shall be rated at the Discretion of the Assessors, not under Fifteen Shillings nor
above Thirty Shillings."
A107 "An Act to raise the Sum of One Million of Pounds in the
State of New Jersey," June 8, 1779, Acts 3rd G.A, 2nd sitting, Chap. XXX, p.72:
(minimum seven pounds ten shillings, maximum twenty-five pounds)
A108 "An Act to raise the Sum of Three Million Three Hundred and
Seventy-five Thousand Pounds, in the State of New Jersey," Dec.18, 1779, Acts
4th G.A. 1st sitting, Chap.I, p.4. (maximum thirty pounds)
A109 "An Act for raising the Value of One Hundred and Fifty
Thousand Pounds in Money and other Supplies . . . " June 21, 1781, Acts
5th G.A. 2nd sitting, Chap. XXXIV, p.85: "Every Male Slave between the Ages of sixteen
and sixty Years, any sum not exceeding Thirty Shillings, PROVIDED ALWAYS, That
no Slave shall be taxed who is unable to work, or that may appear to the Assessors and
chosen Freeholders to be more Charge than Profit to his Master or Mistress."
A110 "An Act to raise the Sum of One Hundred and Fifty Thousand
Pounds, in Money and Certificates, in the State of New Jersey," Dec.26,1781,
Acts 6th G.A. 1st sitting, Chap.XII, p.34 (same as Act of June 21, 1781 except maximum
is Twenty Shillings)
A111 "An Act to raise the sum of Ninety Thousand Pounds in the State of New-Jersey,"
June 22, 1782. Acts 6th G.A. 2nd sitting, Chap.XXXI,
§2, p.83-84, Wilson Chap. CCCXVI, p.273, 275. Assessment: "Every Male Slave between the Ages of sixteen and sixty Years,
any Sum not exceeding Fifteen Shillings. PROVIDED ALWAYS, That no Slave shall be taxed who is unable to work,
or that may appear to the Assessor and chosen Freeholders to be no Profit to his Master or Mistress."
A112 "An Act to raise the sum of Ninety Thousand Nine Hundred and
Thirty Pounds, in the State of New-Jersey, for the Exigencies of the Year One Thousand
Seven Hundred and Eighty-Three ..." June 9, 1783, Acts 7th G.A. 2nd sitting,
Chap. XIX, p.32-33.
Slaves aged 16 to 55 years, maximum 15 shillings.
A113 "An Act for raising a Revenue of Thirty-one Thousand Two Hundred and Fifty-nine Pounds
Five Shillings per Annum, for the Term of twenty-five Years, for the Purpose of paying the Interest and Principal of
Debts due from the United States . . . " Dec.20, 1783, Acts 8th G.A. 1st sitting,Chap. XXI, p.46 Wilson Chap. CCCXCVIII, §2, 363, 365.
Assessment: "Every Male Slave between the Ages of sixteen and sixty-five Years,
any Sum not exceeding Ten Shillings. PROVIDED ALWAYS, That no Slave shall be taxed who is unable to work,
or that may appear to the Assessor to be no Profit to his Master or Mistress."
A114 "An Act to raise the Sum of Ten Thousand Pounds in the State of New-Jersey, for the
Support of Government, and the contingent Expences for the Year One Thousand Seven Hundred and Eighty-four,"
Dec. 22, 1783, Acts 8th G.A. 1st sitting, Chap. XXIII, §2, p.58, p.59,
Wilson Chap. CCCC, p.377, 378. Assessment on male slave age 16 to 65: maximum
five shillings.
A115 "An Act for raising the Sum of Ten Thousand Pounds, to be
applied toward sinking the Bills of Credit of this State," Dec. 21, 1784,
Acts 9th G.A., 1st sitting, Chap.LXXV, p.156, p.158. Male slaves aged sixteen to fifty-five,
rated maximum five shillings.
A116 "An Act to raise the Sum of Ten Thousand Pounds in the State
of New-Jersey, for the Support of Government, and the contingent Expences for the Year
One Thousand Seven Hundred and Eighty-five," Dec.22, 1784, Acts 9th G.A., 1st sitting, Chap.LXXVI, p.160, p.161. same as act of Dec.21,1784
A117 "An Act to provide for the Payment of the several Officers of the Government
of New Jersey for one Year ...[Oct 12,1785-Oct.12,1786]...
and to the raise the Sum of Ten Thousand Pounds ..." Nov.26, 1785,
Acts 10th G.A.1st sitting, Chap. CVI, p.215, p.218. Male slaves aged 16 to 55 years,
maximum 5 shillings.
A118 "An Act to provide for the Payment of the several Officers of the Government
of New Jersey for one Year ...[Oct.12,1786-Oct.12,1787]... and to raise the Sum of Four Thousand Pounds ..."
Nov.21, 1786, Acts 11th G.A. 1st sitting, Chap. CLXXV, p.363, p.366. Male slaves 16 to 55 years,
maximum 2 shillings.
A119 "An Act to raise the Sum of Twelve Thousand Five Hundred Pounds per Annum,
for the Term of twenty-two Years, for the Purpose of paying the Interest on the Debt due
from this State to the Inhabitants thereof," June 7, 1787, Acts 11th G.A. 2nd sitting,
Chap. CCVIII, §2, p.429, p.430. Male slaves age 16 to 55, rated not more than six shilings
and three pence.
A120 "An Act to raise the Sum of Fiften Thousand Pounds, in the
Year One Thousand Seven Hundred and Ninety-Four," Feb.17, 1794, Acts 18th G.A. ,
Chap. CCCCLXVI, p. 897, p.899. Male slaves aged 16 to 50 years, minimum 2 shillings 6 pence,
maximum 7 shillings 6 pence.
A121 "An act to raise the sum of twenty-five thousand dollars
for the year of our Lord eighteen hundred and five," Dec.3, 1804, Acts 29th G.A.,
Chap. CLVI, §5, p.463, p.467. Male slave age 16 to 50, maximum 50 cents.
"provided, That no slave shall be taxed who is usually unable to labor."
A "An act to raise the sum of twenty-five thousand dollars
for the year of our Lord one thousand eight hundred and six," March 13, 1806, Acts
30th G.A. 2d sitting, Chap. CXIX, p.695-6. Same as 1804 act.
A123 "An act to raise the sum of twenty-five thousand dollars
for the year of our Lord one thousand hundred and eight," Dec.3, 1807, Acts
32nd G.A. Chap. XXII, p.63, p.68. Same as 1804 act.
A124 "An act to raise the sum of twenty-five thousand dollars
for the year of our Lord one thousand eight hundred and nine," Nov.25, 1808, Acts
33rd G.A., Chap. XXXII, p.114, p.117. Same as 1804 act.
A125 "An act to raise the sum of twenty five thousand dollars
for the year of our Lord one thousand eight hundred and ten," Nov.23, 1809, Acts
34th G.A., Chap. XLVI, p.158, p. 162. Same as 1804 act.
A125.5 "An act to raise the sum of twenty five thousand dollars
for the year of our Lord one thousand eight hundred and eleven," Jan.24,1811, Acts
35th G.A., 2nd sitting, p.296, §4 p. 297. All rates to be same as act of Nov.23, 1809.
A126 "An act to raise the sum of twenty thousand dollars
for the year of our Lord one thousand eight hundred and twelve," Nov. 4, 1811,
Acts 36th G.A. p.17, p.20. Same as 1804 act.
A127 "An act to raise the sum of twenty thousand dollars
for the year of our Lord eighteen hundred and thirteen," Feb.17, 1813,
Acts 37th G.A. p.24, p.28. Same as 1804 act.
A128 "An act to raise the sum of sixty thousand dollars
for the year of our Lord eighteen hundred and fourteen," Feb.9, 1814,
Acts 38th G.A. p.231, p.234. Same as 1804 act.
A129 "An act to raise the sum of thirty thousand dollars
for the year of our Lord eighteen hundred and fifteen," Feb.17, 1815,
Acts 39th G.A.2nd sitting, p.178, p.181. Same as 1804 act.
A130 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and sixteen," Feb.10, 1816,
Acts 40th G.A.2nd sitting, p.41, p.46. Same as 1804 act.
A131 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and seventeen," Feb.10, 1817,
Acts 41st G.A.2nd sitting, p.57, p.61. Same as 1804 act.
A132 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and eighteen," Feb.9, 1818,
Acts 42nd G.A.2nd sitting, p.103, p.105. Same as 1804 act.
A133 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and nineteen," Feb.10, 1819,
Acts 43rd G.A.2nd sitting, p.67, p.69. Same as 1804 act.
A134 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and twenty," Mar. 1, 1820,
Acts 44th G.A.2nd sitting, p.126, p.128. Same as 1804 act.
A135 "An act to raise the sum of fifteen thousand dollars
for the year of our Lord, one thousand eight hundred and twenty-one," Nov.16, 1820,
Priv. & Temp. Acts 45th G.A. 1st sitting, p.146, p.148. Male slave aged 16 to 50,
maximum 25 cents; no slave to be taxed who is usually unable to labor.
A136 "An act to raise the sum of ten thousand dollars
for the year of our Lord, one thousand eight hundred and twenty-two," Nov.26, 1821,
Priv. & Temp. Acts 46th G.A. 1st sitting, p.32, p.34. Same as 1820 act.
A137 "An act to raise the sum of Ten Thousand Dollars
for the year of our Lord, one thousand eight hundred and twenty-three," Nov.27, 1822,
Priv. & Temp. Acts 47th G.A. 1st sitting, p.99, p.102. Male slave
aged 15 to 60, maximum 25 cents, with same proviso as before.
A138 "An act to raise the sum of fifteen thousand dollars
for the year of our Lord, one thousand eight hundred and twenty-four," Dec. 12, 1823,
Priv. & Temp. Acts 48th G.A. 1st sitting, p.176, p.178. Male slave
aged 15 to 60, maximum 50 cents, with same proviso.
A139 "An act to raise the sum of twenty thousand dollars
for the year of our Lord one thousand eight hundred and twenty-five," Dec. 28, 1824,
Acts 49th G.A. p.113, p.115-116. Male slave
aged 15 to 60, maximum 75 cents, "provided, that no slave shall be taxed who is
unable to labor."
A140 "An act to raise the sum of twenty thousand dollars
for the year of our Lord, one thousand eight hundred and twenty-six," Dec. 8, 1825
Acts 50th G.A. p.92, p.94. (Same as previous.)
A141 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and twenty-seven," Dec.26, 1826
Acts 51st G.A. p.64, p.66. Male slave aged 15 to 60, maximum one dollar,
"Provided, that no slave shall be taxed who is unable to labor."
A142 "An act to raise the sum of thirty thousand dollars
for the year of our Lord one thousand eight hundred and twenty-eight," Mar. 5, 1828,
Acts 52nd G.A. 2nd sitting, p.173, p.175. "Every male slave, under the age
of sixty years, any sum not exceeding one dollar;
Provided, that no slave shall be taxed who is unable to labor."
A143 "An act to raise the sum of forty thousand dollars
for the year of our Lord one thousand eight hundred and twenty-nine," Feb. 21, 1829,
Acts 53rd G.A. 2nd sitting, p.77, p.79 (same as previous.)
A144 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty," Mar. 1, 1830,
Acts 54th G.A. 2nd sitting, p.124, p.127 (same as previous.)
A145 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty-one," Feb.16, 1831,
Acts 55th G.A. 2nd sitting, p.148, p.151 (same as previous.)
A146 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty-two," Mar.13, 1832,
Acts 56th G.A. 2nd sitting, p.158, §4 at p.160 (same as previous)
A147 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty-three," Feb.26, 1833,
Acts 57th G.A. 2nd sitting, p.145, §4 at p.147 (same as previous)
A148 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty-four," Feb.28, 1834,
Acts 58th G.A. 2nd sitting, p.169, §4 at p.172 (same as previous)
A149 "An act to raise the sum of forty thousand dollars
for the year one thousand eight hundred and thirty-five," Mar.4, 1835,
Acts 59th G.A. 2nd sitting, p.161, §4 at p.164 (same as previous)
A150 "An act to raise the sum of forty thousand dollars,
for the year one thousand eight hundred and thirty-six," Mar.10, 1836,
Acts 60th G.A. 2nd sitting, p.391, §4 at p.393 (same as previous)
A151 "An Act respecting taxes for county and township purposes,"
Mar.15, 1837, Acts 61st G.A., p.464, §2 at p.466: Every male slave
under sixty years, able to work, rated any sum not over one dollar.
A152 "An Act for the better regulating the Militia," March 15, 1777,
Acts G.A., 1st sesion, ch. XX, p.26. §1 of this act exempted slaves from military
duty "except as is herein after excepted," but no exception of that exemption is evident in the
rest of the act.
TEXT OF SECTIONS
A153 "An Act for the Regulating, Training and Arraying of the
Militia," April 14, 1778,
Acts G.A., 2nd session, 2nd sitting, ch.XXII, §9, p.44-45, exempted slaves
from militia duty.
See article by Gough (S7) for discussion of eligibility of blacks under
prior and subsequent
militia
acts.
TEXT OF SECTION
A154 "An Act for keeping up and completing the Quota of
Troops beloging to this State, in the Service of the United States," Dec.26, 1780, Acts
5th G.A. 1st sitting, Chap. VI, §11, p.19, p.23
A155 "An Act for the regulating, training, and arraying of the Militia,
and for providing more effectually for the Defence and Security of the State," Jan. 8, 1781, Ch. CCXLII, §10,
Wilson 166, 168-169. Slaves exempted from militia rolls and military duty.2. REVENUE ACTS WITH ASSESSMENTS ON SLAVES
3. MILITIA & MILITARY ENLISTMENT ACTS EXEMPTING OR
EXCLUDING
SLAVES
A156 "An Act to raise, by voluntary Enlistment, four hundred and fifty Men, for completing the Quota of Troops belonging to this State, in the Service of the United States," June 25, 1781, Acts 5th G.A. 2nd sitting, Chap. XXXVIII, §13, p.105, p.108 Wilson Chap. CCLXVII, p.205, 209. Slaves not be enlisted.
A157 "An Act to provide for the Defence of the Frontiers, and for defraying the Expenses of the Government of this State," Dec.29,1781, Acts 6th G.A. 1st sitting, Chap. XV, §9, p.48, p.51. No slaves to serve in the levy.
II. CASES
Abbreviations used in the case citations:
- Manum. Cas. = Cases adjudged in the Supreme Court of New-Jersey relative to the manumission of Negroes and others holden in bondage. Burlington, printed for "The New Jersey for Promoting the Abolition of Slavery," by Isaac Neale, 1794. Reprinted, Buffalo, N.Y.: Dennis & Co., 1940. Available in the Electronic Text Library, University of Virginia Library, at: https://etext.lib.virginia.edu/toc/modeng/public/VarJers.html. The second edition of this volume, in 1843, identifies Joseph Bloomfield (the president of the abolition society) as the original compiler, and the work is also known as "Bloomfield's Manumission Cases" or "Bloomfield's Negro Cases." Both editions are reprinted in Abolitionists in Northern Courts: the Pamphlet Literature (Garland Publishing, 1988) (Slavery, Race, and the American Legal System, 1700-1872, Series III), pages 13-78.
- N.J.Eq. = New Jersey Equity Reports
- (Ch. = Court of Chancery)
- N.J.L. = New Jersey Law Reports
- (Sup. Ct. = Supreme Court)
- (E. & A. = Court of Errors & Appeals)
In the citations to N.J.Eq. and N.J.L., the original nominative citations are included in brackets. Where second editions have different pagination, that is supplied in brackets (still to be supplied for entries C49-C55).
C1 King v. Barber, Manum. Cas. 7-8 (Sup. Ct. 1775). Manumission held valid despite lack of payment of bond required by act of Assembly in 12 &13 Ann (A13). TEXT OF CASE
C2 State v. Vanhuys, Manum. Cas. 8 (Sup. Ct. 1782). Negro freed (no facts in report). TEXT OF CASE
C3 State v. Bainbridge, Manum. Cas. 8-9 (Sup.Ct. 1782). Upheld a manumission included in a will, and recognized freedom of Negro under a 1780 Pennsylvania act for gradual abolition. TEXT OF CASE
C4 State v. McKnight, Manum. Cas. 11-12 (Sup. Ct. 1782). Grace Tite's will provided that her slave Caesar Tite should serve Thomas Leonard until age 21, then be freed; Thomas Leonard joined the enemy, and his property, including Caesar, was confiscated and sold at public vendue. Caesar now being over 21, manumission was held valid against a subsequent purchaser, despite lack of bond under act of 12 &13 Ann (A13). TEXT OF CASE Preceding the report of the decision in Manum. Cas. there are separate reports of an order to the defendant ( TEXT ) and the defendant's appearance with his slave ( TEXT ).
C5 State v. Philpot, Manum. Cas. 10 (Sup. Ct. 1782). Order to issue a writ of habeas corpus. TEXT OF CASE
C6 Hill v. Leddell, Manum. Cas. 12-13 (Sup.Ct. 1783). Freedom granted to plaintiff on evidence that she had been free prior to being sold as a slave. TEXT OF CASE
C7 State v. Tenbroeck, Manum. Cas. 13 (Sup. Ct. 1783). Freedom granted (no facts given). TEXT OF CASE
C8 State v. Post, Manum. Cas. 13-14 (Sup. Ct. 1784). In Nov. term 1781 court ordered Negroes delivered into Sheriff's custody; now ordered Sheriff to deliver them to their master. TEXT OF CASE
C9 State v. Applegate, Manum. Cas. 14 (Sup. Ct. 1785). Held Negro was free-born. TEXT OF CASE
C10 State v. Vanhorne, Manum. Cas. 15 (Sup. Ct. 1785). Negro ordered into custody of sheriff until trial could be held. TEXT OF ORDER Later in same case, under the name Furman v. Vanhorne, Manum. Cas. 15-16 (Sup. Ct. 1786), ordered Negro delivered to county agent of forfeited estates. TEXT OF CASE The Negro in this case was subsequently manumitted by the Act of Nov.21,1786 (A70). (Note: "Eauhouse" in case name corrected to "Vanhorne" per errata at p.32.)
C11 George v. De Klyn, Manum. Cas. 16 (Sup. Ct. 1785). Court required defendant to pledge not to send plaintiff Negro out of state. TEXT OF CASE
C12 Quamini v. Leddel, Manum. Cas. 16-17 (Sup. Ct. 1785). Negro freed on basis of testimony of promises during life and on deathbed of former master. TEXT OF CASE
C13 State v. Phillips, Manum. Cas. 17-18 (Sup. Ct. 1787). Order to free slave on a particular day. TEXT OF CASE
C14 State v. Oliver, Manum. Cas. 18 (Sup. Ct. 1787). Order for recognizance, not to send Negro out of state. TEXT OF CASE
C15 State v. Taylor, Manum. Cas. 19 (Sup. Ct. 1788). Negro discharged from slavery, but ordered to serve as servant for six years. TEXT OF CASE
C16 State v. Lyon, 1 N.J.L. 403-415 [2d ed. 462-476] (Sup. Ct. 1789); different report of same case at Manum. Cas. 19-21. Manumission of slave, and freedom of her daughter, were established by oral testimony that last owner had declared he was against slavery and that slave would not be part of his estate; and that after his death his widow had treated former slave as free. TEXT of 1 N.J.L. 403 | TEXT OF Manum.Cas.19
C17 State v. Leighton, Manum. Cas. 21 (Sup. Ct. 1789). Order of attachment for contempt in not returning writ of habeas corpus. TEXT OF CASE
C18 State v. Administrators of Prall, 1 N.J.L. [Coxe] 4-6 (Sup. Ct. 1790); different report of same case at Manum. Cas. 22-23. Manumission was established by testimony that master had declared Negro should be free at master's death. TEXT of 1 N.J.L. 4 | TEXT OF Manum.Cas.22
C19 State v. Hendrickson, Manum. Cas. 24 (Sup. Ct. 1790). Negro ordered freed from defendant's custody, because of evidence of agreement with prior master for his freedom--but judgment held not to affect possible claim by prior master, because he had not been heard in this proceeding. TEXT OF CASE
C20 State v. Ware, Manum. Cas. 24-25 (Sup.Ct. 1790). Court freed a Negro who was son of a free women and now of age 21. TEXT OF CASE
C21 State v. Anderson, 1 N.J.L. [Coxe] 36-37 [2d ed. 41-43] (Sup. Ct.1790); different report of same case at Manum. Cas. 25-27. Pursuant to a will, a former slave was sold for a limited term of years, thereafter to be free; during that term she had a child. The court held the child was not born a slave. TEXT of 1 N.J.L. 36 | TEXT OF Manum. Cas. 25
C22 State v. Farlee, 1 N.J.L. [Coxe] 41-42 [2d ed. 49-50] (Sup. Ct. 1790); different report of same case, as State v. Farley, at Manum. Cas. 27,28. In a habeas corpus case to determine the liberty of a Negro, the defendant was not entitled to a jury trial. TEXT of 1 N.J.L. 41 | TEXT OF Manum. Cas. 27 (order) | TEXT OF Manum. Cas. 28
C23 ____ v. Gaston, 1 N.J.L. [Coxe] 52 [2d ed. 62] (Sup. Ct. 1791) [1790?--running head p.63] Applied 1713-14 act for regulating slaves (A13) to an action on a debt. TEXT OF CASE
C24 State v. Beaver, 1 N.J.L. [Coxe] 80-81 [2d ed. 94-95 ] (Sup. Ct. 1791); different report of same case, as State v. Beavers, at Manum.Cas. 28. Following the holding of State v. Farlee (C22), the court denied motion for jury trial of a habeas corpus case, but found the evidence of intent to liberate unsatisfactory and remanded the Negro to the defendants. TEXT of 1 N.J.L. 80 | TEXT OF Manum. Cas. 28
C25 State v. Probasco, Manum. Cas. 29-30 (Sup. Ct. 1791). Freed Negroes who had been manumitted but later sold with an unwritten understanding that they would be free after 5 years. TEXT OF CASE
C26 State v. Laird, Manum. Cas. 31 (Sup. Ct. 1792). Freed a slave; no facts, but cites State v. Anderson (C21) as controlling precedent. TEXT OF CASE
C27 State v. Covenhoven, Manum. Cas. 31 (Sup. Ct. 1793). Similar to State v. Laird. TEXT OF CASE
C28 State v. Pitney, 1 N.J.L. [Coxe] 165 [2d ed. 192] (Sup. Ct. 1793); different report of same case at Manum. Cas. 31-32. Held that boy whose mother had been manumitted was entitled to freedom, despite lack of security required by act, Allinson 20 (A13); also refers to Allinson 316 (A24). TEXT of 1 N.J.L. 165 | TEXT OF Manum. Cas. 31
C29 State v. Shreve, 1 N.J.L. [Coxe] 230 [2d ed. 268] (Sup.Ct.1794). Negro whose mother had bound or sold him to service till age 27 was held free after age 21. TEXT OF CASE
C30 State v. Justices of Middlesex County, 1 N.J.L. [Coxe] 244-255 [2d ed. 283-295] (Sup. Ct. 1794). Apparently reversed by Governor & Council, 1795 on grounds of lack of jurisdiction. Election was held illegal because of irregularities, among others the admission of a Negro to vote who had no legal residence, on his declaration that he had been manumitted in another state. TEXT OF CASE
C31 State v. Frees, 1 N.J.L. [Coxe] 259 [2d ed. 299-300] (Sup. Ct. 1794). A decedent's "casual and general declarations, unaccompanied with any particular act or formality," were held insufficient to free slaves sold by his executors. TEXT OF CASE
C32 State v. Mount, 1 N.J.L. [Coxe] 292-293 [2d ed. 337-339] (Sup. Ct. 1795). The purchaser of a slave covenanted with the seller to free her after 10 years if she had no children during that time, but evidently did not inform her of the covenant, and she did have children. The court held he was not obliged to inform her. TEXT OF CASE
C33 State v. Heddon, 1 N.J.L. [Coxe] 328-332 [2d ed. 377-381] (Sup. Ct. 1795). The court, in a 2 to 1 decision, freed a Negro on the basis that the evidence of the person claiming him was insufficient, although, as noted in the dissent, the Negro could not prove his free status. TEXT OF CASE
C34 State v. M'Donald, 1 N.J.L. [Coxe] 332-335 [2d ed. 382-385] (Sup. Ct. 1795). The court freed a Negro on the basis of hearsay evidence as to declarations of a former mistress since deceased. TEXT OF CASE
C35 State v. Van Waggoner, 6 N.J.L. [1 Halsted] 374-377 (Sup. Ct. 1797) In habeas corpus case, it was held that Indians could be slaves and that the evidence sufficiently proved the slavery of the Indian woman in question. Argument cites acts A13, A23, and A24. TEXT OF CASE
C36 State v. Emmons, 2 N.J.L. [1 Pennington] 10-20 [2d ed. 5-12, 3d ed. 6-16] (Sup. Ct. 1806). Manumissions held void because they did not have two witnesses as required by 1798 act (A75). TEXT OF CASE
C37 Den v. Urison, 2 N.J.L. [1 Pennington] 212-228 [2d ed. 154-166, 3d & 4th ed. 197-213] (Sup.Ct. 1807) Incidental mention, at p.213, of bequest including "a negro boy" and "a mulatto boy." TEXT OF CASE
C38 State v. Quick, 2 N.J.L. [1 Pennington] 413e-415e [2d ed. 302-304, 3d & 4th ed. 393- 395] (Bergen Circ. Ct. 1807). Case of a slave who had been brought out of New York and later sold, and claimed freedom under a New York statute. Report gives instructions to jury and notes that judgment was against the slave. TEXT OF CASE
C39 Heirs of Potter v. Potter's Widow, 3 N.J.L. [2 Pennington] 415o-416o [2d ed. 315-316, 3d 9-10] (Sup. Ct. 1808). Widow who had undertaken on her own to support decedent's slave could not bring an action against the heirs to recover her expenses. TEXT OF CASE
C40 Prall v. Patton, 3 N.J.L. [2 Pennington] 570-575 [2d ed. 427-431, 3d ed. 157-162] (Sup. Ct. 1809). Defendant, a New Jersey resident, sold two Negroes to plaintiff in Maryland. A Maryland court subsequently found them to be free. Plaintiff sued defendant for the purchase price. By 2 to 1, the N.J. Supreme Court held the record of the Maryland court proceeding inadmissible because defendant had not had notice of it, and therefore reversed the trial court's judgment for plaintiff. TEXT OF CASE
C41 Anonymous, 3 N.J.L. [2 Pennington] 576 [2d ed. 431, 3d ed. 162-163] (Sup. Ct. 1809). Court refused to compel justices of the peace and overseer of the poor to certify manumission of a slave. TEXT OF CASE
C42 Brooks v. Farmer, 3 N.J.L. [2 Pennington] 640-641 [2d ed. 475, 3d ed. 222] (Sup. Ct. 1810). An act providing a penalty for enticing away servants was held not to apply in the case of a slave. TEXT OF CASE
C43 Nixon v. Story's Administrators, 3 N.J.L. [2 Pennington] 991-992 [2d ed. 722, 3d ed. 545] (Sup. Ct. 1813). In an action concerning cost of "carrying away black servants," judgment was reversed for vagueness of the complaint. TEXT OF CASE
C44 Potts v. Harper, 3 N.J.L. [2 Pennington] 1030 [2d ed. 751, 3d ed. 583] (Sup. Ct. 1813). Affirmed a judgment that had been challenged because the trial court had admitted as a witness a black man who was reputed free, without definite proof of his freedom. TEXT OF CASE
C45 Smock v. Warford, 4 N.J.L. [1 Southard] 306-312 [3d ed. 352-358] (Sup. Ct. 1816). Defendant in an action for debt was not allowed to offset the debt with expenses allegedly incurred pursuing for the plaintiff a slave who had run away, nor could he offset the debt with half the value of the slave that the plaintiff allegedly agreed to pay him. TEXT OF CASE
C46 State. Aaron, 4 N.J.L. [1 Southard] 231-247 [3d ed. 269-286] (Sup. Ct. 1818). A twelve-year old boy (son of slave and therefore bound to service till age 25) who had been convicted of murder was granted a new trial, because his master had not been permitted to testify. TEXT OF CASE
C47 Den v. Vancleve, 5 N.J.L. [2 Southard] 589-680 (Sup. Ct. 1819). Incidental reference at p.617 to "a little black boy belonging to defendant." TEXT OF CASE
C48 Gibbons v. Morse, 7 N.J.L. [2 Wm. Halsted] 253-271 (Ct.of Errors 1821). In a suit under act A75 §5 by the master of a slave against a ferryboat owner, for the value of a slave who had taken passage on the defendant's boat and not returned, the Chief Justice instructed the jury that in New Jersey all black men were prima facie slaves, and that the defendant would be liable if he or his agents had knowingly given passage. The judgment for plaintiff was affirmed on appeal. TEXT OF CASE
C49 Township of Chatham v. Canfield, 8 N.J.L. [3 Wm. Halsted] 52-54 (Sup. Ct. 1824). In case under act A75 §26, executors of an estate were held liable for the support of a Negro pauper, on the basis of a provision in the decedent's will. TEXT OF CASE
C50 Overseers of Poor of South Brunswick v. Overseers of Poor of East Windsor, 8 N.J.L. [3 Wm. Halsted] 64-68 (Sup. Ct. 1824). South Brunswick sought to remove a pauper slave to East Windsor because his master had resided there prior to leaving for New York. Applying the act, Penn. 375 (A75) §§25 & 26, the court held that East Windsor was not required to support him, because he was an unmanumitted slave whose master still had the means to maintain him. TEXT OF CASE
C51 Cutter v. Moore, 8 N.J.L. [3 Wm. Halsted] 219 (Sup. Ct. 1825). Another case under act A75 §5, of a slave carried out of state on a vessel; opinion follows precedent of Gibbons v. Morse (C48). TEXT OF CASE
C52 Fox v. Lambson, 8 N.J.L. [3 Wm. Halsted] 275-282 (Sup. Ct. May term 1826), and 8 N.J.L. 366-367 (Sup. Ct. Sept. term 1826). Held that a black man was rightfully allowed to be a witness in a suit, on the basis of others' testimony that he had long been reputed free. With respect to a different black man, county clerk's record of a certificate of manumission was held insufficient to establish competency to testify. Cites acts A69 §5 and A75. TEXT OF CASE
C53 Boice v. Gibbons, 8 N.J.L. [3 Wm. Halsted] 324-333 (Sup. Ct. 1826). In an action under act A75 §5 to recover the value of slaves allegedly carried away, the plaintiff's declaration was held defective on demurrer, for failing to aver that the defendant was "guilty" of conveying away the slaves. TEXT OF CASE
C54 Ogden v. Price, 9 N.J.L. [4 Wm. Halsted] 167-173 (Sup. Ct. 1827). Applying act for gradual abolition, Penn.679 (A87), held that services of Negro child born after July 4,1804 were assignable, and she was bound to service till age 21 regardless of subsequent manumission of her mother. TEXT OF CASE
C55 State v. Guild, 10 N.J.L. [5 Wm. Halsted] 163-190 (Sup.Ct. 1828). Murder trial. "The prisoner was a coloured boy . . . the servant of one Joshua Bunn . . . " (p.164). TEXT OF CASE
C56 Overseers of the Poor of Upper Freehold v. Overseers of the Poor of Hillsborough, 13 N.J.L. [1 J.S. Green] 289-293 (Sup. Ct. 1833). Court upheld an order of a justice of the peace, that a black girl found begging in Hillsborough should be sent to Upper Freehold for a determination of her residence, on the basis of her statement that she lived there. TEXT OF CASE
C57 State v. Sheriff of Burlington (Sup. Ct. 1836): "Opinion of Chief Justice Hornblower on the Fugitive Slave Law," reprinted in: Fugitive Slaves and American Courts: the Pamphlet Literature, ed. Paul Finkelman (Slavery, Race & the American Legal System, ser.II, vol.1) p.97- 103) (Garland Publishing 1988) [call number KF4545.S5 A5 1988b]. See also entries S4 and S5. TEXT OF CASE
C58 Stoutenborough v. Haviland, 15 N.J.L. [3 J.S. Green] 266-269 (Sup. Ct. 1836). A person in possession of a Negro boy, selling him on his own, was to be held to an implied warranty of title. Includes dictum that colored persons should no longer be presumed slaves in New Jersey. TEXT OF CASE
C59 Stille v. Jenkins, 15 N.J.L. [3 J.S. Green] 302-312 (Sup. Ct. 1836). In a 2 to 1 decision, the court sustained a judgment for future value of service of a Negro servant (not a slave) carried away by defendant. Refers to Rev.L.369 (A75) §5. TEXT OF CASE
C60 Stillwell v. Pease, 4 N.J. Eq. [3 H.W.Green] 74, 75 (Ch. 1837). Incidental quotation of provision in will for maintenance of "coloured man' and wife belonging to testator. TEXT OF CASE
C61 Force v. Haines, 17 N.J.L. [2 Harrison] 385-414 (Sup. Ct. 1840). Force sold Haines the custody and services of his slave for a limited time, but then refused to take the slave back. Court held that Haines, who maintained the slave thereafter, could not recover the maintenance cost from Force. Act A75 §26 is cited at pages 401 and 412. TEXT OF CASE
C62 Overseers of Poor of Perth Amboy v. Oversees of Poor of Piscataway, 19 N.J.L. [4 Harrison] 173-181 (Sup. Ct. 1842). In a dispute between two towns as to responsibility for a Negro pauper, a deed of manumission lacking two subscribing witnesses was held invalid. Concerned application of 1798 act A75 §21 and 1820 act A87 §§ 5 & 6. TEXT OF CASE
C63 Chance v. Teeple, 4 N.J.Eq. [3 H.W.Green, or 3 Gr.Ch.] 173-174 (Ch. 1842). Incidental mention of "a coloured man" as witness, at p.173. TEXT OF CASE
C64 State v. Post, 20 N.J.L. [Spencer] 368-386 (Sup. Ct. 1845), affirmed, 21 N.J.L. [1 Zabriskie] 699-700 (E.&A. 1848). Held that the 1844 constitution of New Jersey did not abolish slavery. Cites various early acts, and specifically notes as still in force the acts of 1798 (A75) and 1804 (A78)--the latter as re-enacted by the act of 1820 (A87). See also entries S3 and S11. TEXT OF CASE
C65 Overseers of Franklin v. Overseers of Bridgewater, 20 N.J.L. [Spencer] 563-567 (Sup. Ct. 1846) Concerning Sarah Brocaw. Child of slave held settled in town of birth. Cites acts of Feb.15,1804 (A78), Feb.24,1820 (A87), and June 10, 1820 (A89). TEXT OF CASE
C66 Overseers of Franklin v. Overseers of Bridgewater, 20 N.J.L. [Spencer] 567-569 (Sup. Ct. 1846) Concerning Lavinia King. Held not necessary to specify age of Negro pauper in order of removal to place of last settlement. Cites act A89. TEXT OF CASE
C67 Pennington v. Executors of Van Houten, 8 N.J.Eq. [4 G.B. Halsted or 4 Hal. Ch.] 272- 276 (Ch. 1850), affirmed, 8 N.J.Eq.745 (E.&A. 1852). Incidental mention at p.272 of bequest including "also his family of colored people." TEXT OF CASE
C68 Freeman v. Staats, 8 N.J.Eq. [4 G.B. Halsted or 4 Hal. Ch.] 814-885 (E.& A. 1853). References to black persons in testimony at 837, 839, 843-844, 848, 856-859, 867, 865, 876-878. TEXT OF CASE
C69 Schanck v. Arrowsmith, 9 N.J.Eq. [1 Stockton] 314-331 (Ch. 1853). Incidental mention at p.316 of bequest including "my black girl . . . during her term of servitude . . ." TEXT OF CASE
C70 Williamson v. Chamberlain, 10 N.J.Eq. [2 Stockton] 373-376 (Ch. 1855). Will included Negro girl (p.373-374). TEXT OF CASE
C71 Overseers of Morris v. Overseers of Warren, 26 N.J.L. [2 Dutcher] 312 (Sup. Ct. 1857). An order removing a pauper to Morris Township where his father had been a slave, was held invalid since the father had not been legally manumitted there and the child had not been born there. TEXT OF CASE
C72 Emery v. Van Syckel, 17 N.J. Eq. [2 C.E. Green] 564 (E. & A. 1867), at 567: "The testator then gives to a black girl her freedom, a bed, bedding, chest and one cow; also the sum of $24 a year . . . " TEXT OF CASE
III. SECONDARY SOURCES
S3 Ernst, Daniel R. "Legal Positivism, Abolitionist Litigation, and the New Jersey Slave Case of 1845," Law & History Review 4:337-365 (1986)
S4 Finkelman, Paul. "State Constitutional Protections of Liberty and the Antebellum New Jersey Supreme Court: Chief Justice Hornblower and the Fugitive Slave Law," Rutgers Law Journal 23:753-787 (1992)
S5 Finkelman, Paul, "Chief Justice Hornblower of New Jersey and the Fugitive Slave Law of 1793," in Slavery & The Law (Madison House, 1997), p.113-141 TEXT OF ARTICLE (reproduced here by permission; © Madison House)
S7 Gough, Robert J., "Black Men and the Early New Jersey Militia," New Jersey History 88:227-238 (1970), especially 228-232 discussing and citing legislation.
S9.5 Kozel, Sue, "Testing 'Liberty' in New Jersey, 1775-1793: The Intersection of Slavery and Select Manumission Supreme Court Cases," New Jersey History, 127(1) (2012), http://njh.libraries.rutgers.edu/index.php/njh/article/viewFile/1754/3193
S11 "A Legal Argument before the Supreme Court of the State of New Jersey, at the May Term, 1845, at Trenton, for the deliverance of 4,000 persons from bondage," by Alvan Stewart, Esq. (New York: Finch & Weed, 1845), reprinted in: Abolitionists in Northern Courts: the Pamphlet Literature (ed. Paul Finkelman), p.441-492 (Slavery, Race and the American Legal System, series III) (Garland Publishing, 1988) [call no. KF4545.S5 A5 1988c]. Available online in the Library of Congress American Memory collection, at http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst024)):@@@$REF$. For an annotation , see Paul Finkelman, Slavery in the Courtroom: an Annotated Bibliography of American Cases (Lawbook Exchange, 1998) p.152-155 [call no. KF 4545.S5 F566].
S13 Wolinetz, Gary K. "New Jersey Slavery and the Law," Rutgers Law Review 50:2227-2258 (1998)
Subject Index
ABANDONMENT : A78; A80; A82; A83
ABOLITION : A78; A87 §1; A98C64
ABUSE : A69 §8; A75 §15; A98 §14
ASSESSMENTS : A28 through A44, A67.5 through A67.7
BAPTISM : A11 § 7
CENSUS : A67.3
CHILDREN : A78; A80; A82; A87; §§1-3; A89; A98 §9; C21; C32; C54; C65
COLONIZATION : A91; A101; A103
CRIMES (TRIAL & PUNISHMENT) : A9; A11 §§4-6; A13 §§4-9; A23; A67.2; A69 §7; A71 §5; A74; A77; A87 §20; A88; A90; A90.7; A93; C46
DEBTORS : A27
EDUCATION : A71 §6; A75 §16
ENEMY LINES & TRADING WITH ENEMY: A67, A67.1,
ENTICING AWAY : C42
EXTENSION OF SLAVERY : A99; A100
FUGITIVES & HARBORING: A2; A5; A8 §3; A11 §§2,3,9; A13 §§2,3,11; A16; A75 §§4-7; A92; A94; A97; A98 §§15,16; C48; C51; C53; C57; C59
GUNS & HUNTING & TRAPPING : A8 §§1; A15; A18 §3; A20; A25; A26; A75 §9
HABEAS CORPUS : A75 §29; A98 §26; C5; C17; C22; C35
IMPORTATION : A14; A21; A24; A69 §§1-4; A75 §§12-14
INDIANS : C35
MAINTENANCE : A4; A24 §5; A75 §§11 & 26; A82; A83; A98 §§ 8 & 25; A102; C39; C49; C50; C61
MANUMISSION -- GENERAL ACTS : A13 §13; A24 §4; A69 §5; A75 §§21-25; A79; A87 §§3-9; A96; A98 §§3-6 & 10-13
MANUMISSION -- ACTS FOR INDIVIDUALS : A68; A70; A72; A72.5; A73; A76; A91.5; A93.5; A93.7; A94.3; A95; A95.3; A104
MANUMISSION -- CASES : C1 through C22; C24 through C29; C31; C33; C34; C36; C41; C62
MILITIA SERVICE : A45 through A68; A152 through A157
PAUPERS : A89; A102; C56; C62; C66; C71
PROPERTY, HOLDING OF : A11 §8; A13 §12; A95.4
REMOVAL FROM STATE : A71 §4; A75 §20; A84; A85; A86; A87 §§10-13, 17, 19-21; A90.5; A98 §§19-24,27; C11; C14
SETTLEMENT : A69 §6; A89; A98 §7; A102; C56; C65; C66; C71
SWINE : A8 §2
TRADING WITH SLAVES : A6; A11 §1; A13 §1; A75 §3
VESSELS FOR SLAVE TRADE : A71 §§1-3; A75 §§17-19; A87 §§14-16, 18
WARRANTY OF TITLE : C58