no sufficient distress can be had. Their children are to be bound
out apprentices by the overseers of the poor. Free Negroes have all the
advantages in capital cases, which white men are entitled to, except a
trial by a jury of their own complexion: and a slave suing for his
freedom shall have the same privilege. Free Negroes residing, or
employed to labour in any town must be registered; the same thing is
required of such as go at large in any county. The penalty in both cases
is a fine upon the person employing, or harbouring them, and
imprisonment of the Negroe [1794. c. 163.]. The migration of free
Negroes or mulattoes to this state is also prohibited; and those who do
migrate hither may be sent back to the place from whence they came
[1794. c. 164.]. Any person, not being a Negroe, having one-fourth or
more Negroe blood in him is deemed a mulattoe. The law makes no other
distinction between Negroes and mulattoes, whether slaves or freemen.
These incapacities and disabilities are evidently the fruit of the third
species of slavery, of which it remains to speak; or, rather, they are
scions from the same common stock: which is,

III. That condition in which one man is subject to be directed by
another in all his actions; and this constitutes a state of _domestic
slavery_; to which state all the incapacities and disabilities of civil
slavery are incident, with the weight of other numerous calamities
superadded thereto. And here it may be proper to make a short enquiry
into the origin and foundation of domestic slavery in other countries,
previous to its fatal introduction into this.

[Footnote 6: The Constitution of Virginia, art. 7. declares, that the
right of suffrage shall remain as then exercised: the act of 1723, c. 4
(edit. 1733,), sect. 23, declared, that no Negroe, mulattoe, or Indian,
shall have any vote at the election of burgesses, or any other election
whatsoever.--This act, it is presumed, was in force at the adoption of
the constitution.--The act of 1785, c. 55 (edit. of 1794, c. 17,), also
expressly excludes them from the right of suffrage.]

Slaves, says Justinian, are either born such or become so [Inst. lib. 1.
tit. 1.]. They are born slaves when they are children of bond women; and
they become slaves, either by the law of nations, that is, by captivity;
for it is the practice of our generals to sell their captives, being
accustomed to preserve, and not to destroy them: or by the civil law,
which ha