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bating it. The free person of color was exempted from military duty and from the payment of a poll-tax. In accordance with an amendment to the Public Works act of 1804, he was expected to give service on public roads and highways just as other citizens.[29] It is doubtful whether any freeman of color voted under the constitution of 1796, but it seems to have been possible. The new constitution of 1834 restricted the right of voting to "free men who should be competent witnesses against a white man in a court of justice." In the courts free Negroes were legal witnesses in certain cases among their own people, but might themselves be testified against by slaves, even, if the defendants were only freedmen.[30] Otherwise slaves were not allowed to be witnesses against free men of color. Writs of error were granted to both freemen and slaves. There were numerous small observances regarding the personal conduct of freemen. Life was at best for them a strange and circumscribed affair. They were "neither bond nor free," and probably suffered more from the provisions of the law and their ambiguous position than did their slave brothers. The freeman was not to entertain any slave over night in his home, or on the Sabbath. A small fine was the penalty.[31] Intermarriage of free persons and slaves without consent of the master of the slave was strictly forbidden. Breach of this law, also, was punishable by fine. There were penalties for whites and free Negroes alike for being in "unlawful assembly" with slaves. The word "unlawful" here seems to have had a special judicial meaning, signifying primarily for the purpose of instigating rebellion or insurrection. A law providing for voluntary enslavement of a free person of color, to any person whom he might choose, introduces a most interesting situation which probably indicates that there were more than a few free Negroes who preferred slavery to the condition of a creature living in a sort of limbo between freedom and bondage. By an act of the legislature in 1819, encouragement was given to European immigrants to come into the State, with the idea that they would become home builders and land-tillers, and make good citizens. The colored population already had a general reputation for thrift, but the sentiment of racial sympathy in the white population just then favored more the immigrant. For a period the tide of public opinion was on this side, and it was considered best for t
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