rank prevails, or is admitted by the constitution,
this species of slavery exists. It existed in every nation, and in every
government in Europe before the French revolution. It existed in the
American colonies before they became independent states; and
notwithstanding the maxims of equality which have been adopted in their
several constitutions, it exists in most, if not all, of them, at this
day, in the persons of our free Negroes and mulattoes; whose civil
incapacities are almost as numerous as the civil rights of our free
citizens. A brief enumeration of them, may not be improper before we
proceed to the third head.

Free Negroes and mulattoes are by our constitution excluded from the
right of suffrage,[6] and by consequence, I apprehend, from office too:
they were formerly incapable of serving in the militia, except as
drummers or pioneers, but now I presume they are enrolled in the lists
of those that bear arms, though formerly punishable for presuming to
appear at a muster-field [1723. c. 2.]. During the revolution war many
of them were enlisted as soldiers in the regular army. Even slaves were
not rejected from military service at that period, and such as served
faithfully during the period of their enlistment, were emancipated by an
act passed after the conclusion of the war [Oct. 1783. c. 3.]. An act of
justice to which they were entitled upon every principle. All but
housekeepers, and persons residing upon the frontiers are prohibited
from keeping, or carrying any gun, powder, shot, club, or other weapon
offensive or defensive [1748. c. 31. Edit. 1794.]: Resistance to a white
person, in any case, was, formerly, and now, in any case, except a
wanton assault on the Negroe or mulattoe, is punishable by whipping [Ib.
c. 103.]. No Negroe or mulattoe can be a witness in any prosecution, or
civil suit in which a white person is a party [1794. c. 141.]. Free
Negroes together with slaves were formerly denied the benefit of clergy
in cases where it was allowed to white persons; but they are now upon an
equal footing as to the allowance of clergy, though not as to the
consequence of that allowance, inasmuch as the court may superadd other
corporal punishments to the burning in the hand usually inflicted upon
white persons, in the like cases [1794. c. 103.]. Emancipated Negroes
may be sold to pay the debts of their former master contracted before
their emancipation; and they may be hired out to satisfy their taxes
where